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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

United States District Court, S.D. New York


July 14, 2004.

In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: 03 Civ. 6400. Sylvester Alexander, et al. V. Warner-Lambert Co., et al.; In the United States District Court for the Southern District of Mississippi, Eastern Division; Cause No. 4:03-CV-55 LN.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER AND FINAL JUDGMENT AS TO CERTAIN CLAIMS

THIS CAUSE came on to be heard upon the ore tenus motion of the Plaintiffs, who move this Court to dismiss with prejudice the claims against the Defendants, Barbara Fleetwood, M.D., G.D. Berryhill, Jr., M.D., referred to in the Complaint as Dave Berryhill, John W. Lewis, Jr., M.D., James E. Warrington, Jr., D.O., referred to in the Complaint as James Warrington, Jr., Natalie Y. Brookins-Reddix, M.D., Farhan Nafis, M.D., and John T. Milam, M.D., and for an Order of this Court expunging from the record in this case the names of said Defendants, as Defendants in the above styled and numbered civil action and the entry of a final judgment as to said Defendants. The Court, having considered the motion, noting the agreement of counsel for Plaintiffs and said Defendants, and being otherwise fully advised in the premises, finds that the motion is well taken and should be granted.

  IT IS, THEREFORE, ORDERED AND ADJUDGED that the Complaint and all claims filed therein by the Plaintiffs against the Defendants, Barbara Fleetwood, M.D., G.D. Berryhill, Jr., M.D., referred to in the Complaint as Dave Berryhill, John W. Lewis, Jr., M.D., James E. Warrington, Jr., D.O., referred to in the Complaint as James Warrington, Jr., Natalie Y. Brookins-Reddix, M.D., Farhan Nafis, M.D., and John T. Milam, M.D. shall be and hereby are dismissed with prejudice.

  IT IS FURTHER ORDERED AND ADJUDGED that the claim of Plaintiff, Willie Alexander, against Defendant, Dr. J.W. Pressler, shall remain pending on the docket of the Court.

  IT IS FURTHER ORDERED AND ADJUDGED that all other claims of the Plaintiffs against the other Defendants named in this civil action are hereby reserved as stated in the Complaint and will proceed accordingly.

  ORDERED AND ADJUDGED.

20040714

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