Singleton, Sr. v. Eli Lilly, Co., No. 1:2010cv02019 - Document 10 (E.D. Cal. 2011)

Court Description: ORDER WITHDRAWING 8 FINDINGS AND RECOMMENDATIONS; and GRANTING 9 Motion for Extension of time to file amended complaint. Plaintiff shall file an amended complaint on or before 5/31/2011. Order signed by Magistrate Judge Sheila K. Oberto on 4/4/2011. (Timken, A)

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Singleton, Sr. v. Eli Lilly, Co. Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAMAR SINGLETON, 12 13 CASE NO. 1:10-cv-02019-AWI-SKO Plaintiff, ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS AND GRANTING PLAINTIFF AN EXTENSION OF TIME TO FILE AMENDED COMPLAINT v. 14 ELI LILLY CO., 15 (Doc. Nos. 8, 9) Defendant. 16 / 17 18 On October 27, 2010, Plaintiff LaMar Singleton ("Plaintiff") filed a complaint against Eli 19 Lilly Co. ("Defendant"). Plaintiff claims that Defendant manufactured, marketed, and sold Zyprexa. 20 Plaintiff asserts that taking Zyprexa caused him to develop type 2 diabetes, obesity, and permanent 21 nerve damage and pain to both feet and hands. Plaintiff states that his claims against Defendant arise 22 under the Eighth and Fourteenth Amendments and requests $13,000,000 in damages. 23 On January 28, 2011, the Court dismissed Plaintiff's complaint and granted Plaintiff 30 days 24 to file an amended complaint. (Doc. 7.) Plaintiff failed to file an amended complaint. On March 25 10, 2011, the Court issued Findings and Recommendations that the matter be dismissed due to 26 Plaintiff's failure to file an amended complaint in compliance with the Court's January 28, 2011, 27 order. (Doc. 8.) On March 31, 2011, Plaintiff filed a request for an extension of time to file an 28 amended complaint. (Doc. 9.) Plaintiff asserts that he mailed an amended complaint to the Court Dockets.Justia.com 1 on February 16, 2011, but it was lost in the mail. (Doc. 9, 1:11-13.) Plaintiff also asserts that, due 2 to medical procedures, he has not been able "to concentrate on [his] legal responsibilities." (Doc. 3 9, 1:19.) 4 Accordingly, the Court HEREBY ORDERS THAT: 5 1. The March 10, 2011, Findings and Recommendations are WITHDRAWN; 6 2. Plaintiff shall file an amended complaint on or before May 31, 2011; and 7 3. If Plaintiff again fails to file an amended complaint, the Court will recommend that 8 the action be dismissed. 9 10 IT IS SO ORDERED. 11 Dated: ie14hj April 4, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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