United States District Court, Southern District of New York
July 10, 2003
IN RE REZULIN PRODUCTS LIABILITY LITIGATION, (MDL NO. 1348).
The opinion of the court was delivered by: Lewis Kaplan, District Judge
PRETRIAL ORDER NO. 159 (Dismissal as to Dr. Chung)
Defendant Daniel Chung, M.D. moves to dismiss the above-captioned action as against him, but fails to specify a ground for dismissal under Fed.R.Civ.P. 12. Plaintiff, however, does not object to the dismissal of the action as to Dr. Chung. Def. Mem. Ex. 7 (Plaintiff's Response to Defendant Daniel Chung, M.D.'s Motion to Dismiss ¶ 4) ("Plaintiff Henry Baker now decides that he does not desire to sue Defendant, Daniel Chung, M.D. and, therefore, has no objection to said motion [to dismiss].").
Accordingly, the Court treats the Chung motion and accompanying exhibits as a motion for voluntary dismissal as to Dr. Chung pursuant to Fed.R.Civ.P. 41. The motion for voluntary dismissal is granted as to defendant Chung with prejudice.
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