Free Proposed Order - District Court of California - California

Case 3:08-cv-03944-MMC

Document 11

Filed 08/25/2008

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A limited liability partnership formed in the State of Delaware

Lisa M. Carvalho (SBN 161420) Email: [email protected] Daniel J. Valim (SBN 233061) Email: [email protected] REED SMITH LLP 1999 Harrison Street, Suite 2400 Oakland, CA 94612-3572 Mailing Address: P.O. Box 2084 Oakland, CA 94604-2084 Telephone: Facsimile: +1 510 763 2000 +1 510 273 8832

Attorneys for Defendant Schering-Plough Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHELLEY BLAM, Plaintiff, vs. SCHERING-PLOUGH CORPORATION, DOES 1 TO 10, Defendants. No.: C 08-03944 MMC [PROPOSED] ORDER GRANTING DEFENDANT SCHERING-PLOUGH CORPORATION'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT Date: Time: Place: October 3, 2008 9:00 a.m. Courtroom 7

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REED SMITH LLP

Hon. Maxine M. Chesney 18 19 20 21 22 23 24 25 26 27 28 Defendant Schering-Plough Corporation's ("Defendant") Motion to Dismiss Plaintiff's Complaint came on regularly for hearing on October 3, 2008, before this Court, the Honorable Maxine M. Chesney presiding. Parties appeared through their respective counsel. After considering all the papers and admissible evidence submitted by the parties in support of and in opposition to the Motion to Dismiss, and the arguments of counsel in connection with this matter, and good cause appearing therefor, the Court finds that Plaintiff's Complaint fails to state a claim upon which relief can be granted, on the grounds that: (1) all of plaintiff's claims are preempted by the Employee ­1­
[Proposed] Order Granting Defendant Schering-Plough Corporation's Motion to Dismiss Plaintiff's Complaint No.: C 08-03944 MMC

Case 3:08-cv-03944-MMC

Document 11

Filed 08/25/2008

Page 2 of 2

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A limited liability partnership formed in the State of Delaware

Retirement Income Security Act of 1974 ("ERISA"); and (2) under ERISA, defendant is a not proper party to plaintiff's action.

IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Plaintiff's Complaint is Granted.

The Complaint therefore is dismissed, without leave to amend.

IT IS SO ORDERED. DATED: __________________

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REED SMITH LLP

Honorable Maxine M. Chesney

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[Proposed] Order Granting Defendant Schering-Plough Corporation's Motion to Dismiss Plaintiff's Complaint No.: C 08-03944 MMC