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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

United States District Court, Southern District of New York


June 2, 2003

IN RE: REZULIN PRODUCTS LIABILITY LITIGATION.

The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.

PRETRIAL ORDER NO. 149 (Motions to Remand and for Summary Judgment — Wolf)
This action was commenced in an Ohio state court, removed to the federal court on the basis of diversity notwithstanding the presence of non-diverse pharmacy defendants, and transferred to this Court. Plaintiffs move to remand. Defendant Meijer, Inc., one of the pharmacy defendants, moves for summary judgment dismissing the complaint against it.

Magistrate Judge Katz has recommended, in a report dated April 29, 2003, that the motion to remand be denied and that Meijer's motion for summary judgment dismissing the complaint as to it [00 Civ. 2843 — docket item 945] be granted. No objections have been filed. Accordingly, the Court denies the motion to remand and grants Meijer's motion for summary judgment.

SO ORDERED.

20030602

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