Guthridge v. Johnson & Johnson Corp et al, No. 1:2022cv00145 - Document 32 (D. Mont. 2023)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL for 31 Findings and Recommendations, 22 Motion to Dismiss for Failure to State a Claim filed by Johnson & Johnson Corp, Ethicon, Inc. GRANTED AS FOLLOWS, Count III is dismissed without pr ejudice and with leave to amend. Count IV is dismissed without prejudice and with leave to amend. If Guthridge wishes to proceed on Counts III and IV, she must file an amended complaint by November 1, 2023. Signed by Judge Susan P. Watters on 10/11/2023. (AMC)
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Guthridge v. Johnson & Johnson Corp et al Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION KALIN GUTHRJDGE, CV 22-145-BLG-SPW Plaintiff, ORDER ADOPTING vs. FINDINGS AND JOHNSON & JOHNSON CORP. and RECOMMENDATIONS ETHICON,INC., Defendants. Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations,filed September 22,2023.(Doc. 31). Judge Cavan recommended the Court grant Defendants Johnson & Johnson's and Ethicon, Inc.'s Motion to Dismiss as to Counts III and IV (Doc. 22), without prejudice and with leave to amend. The parties were required to file written objections within 14 days ofthe filing of Judge Cavan's Findings and Recommendations. 28 U.S.C. § 636(b)(1). Neither party objected to the Findings and Recommendations, and so waived their right to de novo review ofthe record. See 28 U.S.C. § 636(b)(1)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149(1985). Clear error exists if the Dockets.Justia.com
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