North Carolina Middle District Court
Judge:William L Osteen, Jr
Referred: L Patrick Auld
Case #: 1:21-cv-00274
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:1132 E.R.I.S.A.-Employee Benefits
Case Filed:Apr 01, 2021
Terminated:Sep 28, 2023
Last checked: Tuesday Sep 28, 2021 5:18 AM EDT
Defendant
ABBOTT LABORATORIES, INC.
Defendant
ABBVIE, INC.
Defendant
KOS PHARMACEUTICALS, INC.
Defendant
MARLON SULLIVAN
Plaintiff
DAVID J. BOVA
Represented By
VALERIE L. BATEMAN
Valerie Bateman
contact info

GPO Sep 28 2023
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 09/28/2023, that Defendants Kos and AbbVie's Motion to Dismiss, (Doc. 55), is GRANTED IN PART and Counts I and II are DISMISSED. IT IS FURTHER ORDERED that Defendants Abbott and Doe's Motion to Dismiss, (Doc. 57), is GRANTED IN PART and Counts I and II are DISMISSED. IT IS FURTHER ORDERED that Plaintiff's remaining claims, Counts III and IV, are DISMISSED without prejudice for lack of subject matter jurisdiction. A judgment reflecting this Memorandum Opinion and Order will be entered contemporaneously herewith. (Bowers, Alexis)
GPO Apr 04 2024
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/04/2024, that Plaintiff's Rule 59(e) Motion, (Doc. 67), is DENIED. (cc)

Docket last updated: 05/20/2024 11:59 PM EDT
Monday, April 29, 2024
81 81 2 pgs order Order Mon 04/29 5:07 PM
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/29/2024, that the parties Notice of Stipulation of Dismissal in Exchange for Waiver of Costs, (Doc.78 ), is APPROVED. Each party shall bear its own costs. (al)
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Friday, April 26, 2024
80 80 appeal USCA Mandate Fri 04/26 10:21 AM
RULE 42(b) MANDATE of USCA as to70 Notice of Appeal filed by DAVID J. BOVA, this court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. USCA Case Number: 24-1304 (cc)
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79 79 1 pgs appeal Order Fri 04/26 10:15 AM
USCA ORDER Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. USCA Case Number 24-1304 (cc)
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Thursday, April 25, 2024
78 78 notice Notice of Settlement Thu 04/25 4:20 PM
NOTICE of Settlement and Stipulation of Dismissal in exchange for Waiver of Costs by DAVID J. BOVA(BATEMAN, VALERIE)
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Att: 1 Text of Proposed Order
utility Case Referred to Judge Thu 04/25 4:42 PM
CASE REFERRED to JUDGE WILLIAM L. OSTEEN, JR., re:78 NOTICE of Settlement and Stipulation of Dismissal in exchange for Waiver of Costs. (jd)
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