WILLIAM ACKER JR., District Judge
On December 9, 2010, the magistrate judge's report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. Plaintiffs filed objections to the magistrate judge's report and recommendation on December 30, 2010, after obtaining an extension of time.
After careful consideration of the record in this case, the magistrate judge's report and recommendation and objections thereto, the court hereby ACCEPTS and ADOPTS the report of the magistrate judge. The court notes that plaintiffs never invoked Rule 56(f) before the magistrate judge took the motion under advisement. There is no dispute of material fact as to the claims against certain of the defendants, and they are entitled to judgment as a matter of law.
Accordingly, the alternative motion for summary judgment filed by defendants Pfizer, Inc., Schwarz Pharma, Inc., and Wyeth, Inc. (Docs. 16 17) is GRANTED, and the action as against them is hereby DISMISSED WITH PREJUDICE. If plaintiffs within seven (7) calendar days request it, the court will enter an order pursuant to Rule 54(b), providing a means for reviewing this partial dismissal. If such a request is not made, the case will automatically be reassigned to the magistrate judge for further proceedings.