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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

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.

SO ORDERED.

20030710

© 1992-2003 VersusLaw Inc.



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