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Marcia Jane Merta and Steven Merta v. Ayerst Labs

June 18, 2012

MARCIA JANE MERTA AND STEVEN MERTA, PLAINTIFFS,
v.
AYERST LABS, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

O

ORDER DENYING DEFENDANTS' MOTION TO DISMISS [Docket No. 34]

Presently before the court is Defendants' Motion to Dismiss pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure. Plaintiff's failure to file a valid substitution of parties is attributable to excusable neglect. Accordingly, Defendants' Motion is DENIED without prejudice and Plaintiff is instructed to file a motion to substitute Steven Merta for Marcia Jane Merta within thirty (30) days of the entry of this order.

IT IS SO ORDERED.

20120618

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