United States District Court, Southern District of New York
May 6, 2003
IN RE: REZULIN PRODUCTS LIABILITY LITIGATION
The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge
PRETRIAL ORDER NO. 145
(Dismissal of claim and deadline for submission of motion papers)
Upon learning that Henry Andrews is a plaintiff in two actions transferred to this Court by the Judicial Panel on Multidistrict Litigation (01 Civ. 7765 and 02 Civ. 5781), on February 25, 2003 this Court directed Henry Andrews and all of the counsel who have appeared on his behalf to show cause, no later than March 10, 2003, why his claim in one of the actions should not be dismissed without prejudice to his claim in the other and why the claim to be dismissed should not be that filed later in time. (PTO No. 127).
The Court failed to receive any timely responses. On April 23, 2003, this Court, by memo endorsement, granted the motion of Ken R. Adcock to withdraw from the representation of Mr. Andrews in the 01 Civ. 7765 case. Accordingly, the Court now dismisses Mr. Andrews' claim in the 01 Civ. 7765 case without prejudice to 02 Civ. 5781.
By letter dated August 29, 2002, David Klingsberg, counsel for Warner-Lambert Co. LLC and Pfizer Inc., brought to the Court's attention that a motion to dismiss by plaintiffs was identified on the transferor court docket sheet in 02 Civ. 5781. Neither defendants' counsel nor this Court has received a copy of that motion. Unless plaintiffs file duplicate papers with this Court within two weeks, the motion shall be denied.
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