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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

United States District Court, S.D. New York


November 1, 2004.

In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). Henry Andrews, et al;
v.
Warner-Lambert Company; Parke-Davis, et al; In the United States District Court for the Southern District of Mississippi, Jackson Division; Civil Action No. 3:02CV446BN. Barbara Ryan v. Warner-Lambert Company; Parke-Davis; Pfizer, Inc. and Gary Donald Holdiness, M.D.; In the United States District Court for the Northern District of Mississippi, Eastern Division; Civil Action No. 1:02CV157D-D. Roosevelt Jeffries v. Warner-Lambert Company, Benjamin L. Hammack, M.D., et al; N.D. Miss. No. 3:02CV070-BA. Velma Sims v. Warner-Lambert (Dr. Jerry W. Iles), et al; In the United States District Court for the Southern District of Mississippi, Western Division; Civil Action No. 5:02CV138BrS. Christine Andrews, et al. v. Warner-Lambert Company, et al.; In the United States District Court for the Northern District of Mississippi, Greenville Division; Civil Action No. 4:03CV-MB.

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

ORDER

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, Danny W. Jackson, D.O., James D. Polk, M.D., and Mark E. Wilson, M.D. 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 that the Complaint and all claims filed therein by the Plaintiffs against the Defendants, Danny W. Jackson, D.O., James D. Polk, M.D., and Mark E. Wilson, M.D., shall be and hereby are dismissed with prejudice.

  IT IS FURTHER ORDERED 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.

  ORDER

  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, Gary D. Holdiness, M.D., referred to in the Complaint as Gary Donald Holdiness, M.D. 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 that the Complaint and all claims filed therein by the Plaintiffs against the Defendant, Gary D. Holdiness, M.D., referred to in the Complaint as Gary Donald Holdiness, M.D., shall be and hereby are dismissed with prejudice.

  IT IS FURTHER ORDERED 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.

  ORDER

  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 Defendant, Benjamin L. Hammack, M.D. 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 that the Complaint and all claims filed therein by the Plaintiffs against the Defendant, Benjamin L. Hammack, M.D. shall be and hereby are dismissed with prejudice.

  IT IS FURTHER ORDERED 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.

  ORDER

  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 Defendant, Jerry W. Iles, M.D. 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 that the Complaint and all claims filed therein by the Plaintiffs against the Defendant, Jerry W. Iles, M.D., shall be and hereby are dismissed with prejudice.

  IT IS FURTHER ORDERED 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.

  ORDER

  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 Defendant, Ben F. Sanford, Jr., M.D., referred to in the Complaint as Ben Sanford, M.D. 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 that the Complaint and all claims filed therein by the Plaintiffs against the Defendant, Ben F. Sanford, Jr., M.D., referred to in the Complaint as Ben Sanford, M.D., shall be and hereby are dismissed with prejudice.

  IT IS FURTHER ORDERED 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.

20041101

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