Opinion
4:23-cv-1030-MTS
05-30-2024
THOMAS WHITEHILL, Plaintiff, v. ASTRAZENECA PHARMACEUTICALS LP, Defendant.
MEMORANDUM AND ORDER
MATTHEW T. SCHELP, UNITED STATES DISTRICT JUDGE
Defendant AstraZeneca Pharmaceuticals LP's briefing in support of its Motion to Dismiss, Doc. [13], relied on Kiel v. Mayo Clinic Health System Southeast Minnesota, 685 F.Supp.3d 770 (D. Minn. 2023). See, e.g., Doc. [25] at 10 (arguing Plaintiff's case “is no different than” the plaintiff's case in Kiel, which that court dismissed). Defendant, however, did not inform the Court that an appeal had been docketed in that case. Last week, the U.S. Court of Appeals for the Eighth Circuit reversed the judgment in Kiel and remanded the case for further proceedings. See Ringhofer v. Mayo Clinic, Ambulance, 232994, 2024 WL 2498263 (8th Cir. May 24, 2024). Defendant has yet to inform the Court of that reversal. Because Defendant has represented that this action is no different than Kiel, the Court will deny Defendant's Motion to Dismiss.
Accordingly, IT IS HEREBY ORDERED that Defendant's Motion to Dismiss, Doc. [13], is DENIED without prejudice.
IT IS FURTHER ORDERED that Defendant shall have through Friday, June 14, 2024 , to file its answer or otherwise respond to Plaintiff Thomas Whitehill's Complaint, Doc. [6].