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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

United States District Court, S.D. New York


November 5, 2004.

In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: 02 Civ. 8386, 03 Civ. 6371, 03 Civ. 6372 03 Civ. 6384, 03 Civ. 6386, 03 Civ. 6389 03 Civ. 6398, 03 Civ. 6399, 03 Civ. 8928 03 Civ. 9829, 03 Civ. 9835.

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

PRETRIAL ORDER NO. 324

(Motions to Dismiss of Various Physicians and Health Care Providers)
The following motions are disposed of as follows:
1. The motion to dismiss of Clide S. Sherrod, Jr., M.D. in 02 Civ. 8386 (Russell) [00 Civ. 2843, DI 2516], which is unopposed, is granted as necessarily decided by PTO 169 dated August 25, 2003.

  2. The motion to dismiss of Cooper McIntosh, M.D., Susan Gunn, M.D., and James Gilmore, M.D. in 03 Civ. 6371 (Harris) [00 Civ. 2843, DI 2540], which is unopposed, is granted as necessarily decided by PTO 279 dated June 3, 2004.

  3. The motion to dismiss of Henry Stone, M.D. in 03 Civ. 6371 (Harris) [00 Civ. 2843, DI 2544], which is unopposed, is granted as necessarily decided by PTO 279 dated June 3, 2004.

  4. The motion to dismiss of Susan Gunn, M.D., Milton Hobbs, M.D., Thomas Randle, M.D., and William Haire, M.D. in 03 Civ. 6372 (Jones) [00 Civ. 2843, DI 2542], which is unopposed, is granted as necessarily decided by PTO 279 dated June 3, 2004.

  5. The motion to dismiss of Gayle Harrell, M.D. in 03 Civ. 6384 (McDaniel) [00 Civ. 2843, DI 2550], which is unopposed, is granted as necessarily decided by PTO 279 dated June 3, 2004.

  6. The motion to dismiss of Mohan Gehi, M.D. in 03 Civ. 6386 (Luton) [00 Civ. 2843, DI 2581], which is unopposed, is granted as necessarily decided by PTO 279 dated June 3, 2004.

  7. The motion to dismiss of James D. Cady, M.D. and James C. Matthews, III, M.D. in 03 Civ. 6389 (Abram) [00 Civ. 2843, DI 2512], which is unopposed, is granted as necessarily decided by PTO 279 dated June 3, 2004.

  8. The motion to dismiss of Gary Gordon, M.D. in 03 Civ. 6398 (Adams) [00 Civ. 2843, DI 2506], which is unopposed, is granted as necessarily decided by PTO 282 dated June 3, 2004.

  9. The motion to dismiss of James C. Matthews, III, M.D., Paul Varela, M.D., and Wayne Byrd, M.D. in 03 Civ. 6399 (Benton) [00 Civ. 2843, DI 2532], which is unopposed, is granted as necessarily decided by PTO 282 dated June 3, 2004.

  10. The motion to dismiss of Bonita Musial, M.D. and David Gilder, M.D. in 03 Civ. 8928 (Adams) [00 Civ. 2843, DI 2514], which is unopposed, is granted as necessarily decided by PTO 283 dated June 3, 2004.

  11. The motion to dismiss of J.R. Cobb, M.D. in 03 Civ. 9829 (Doyle) [00 Civ. 2843, DI 2538], which is unopposed, is granted as necessarily decided by PTO 285 dated June 3, 2004.

  12. The motion to dismiss of Kathy McKay, N.P. and Hilton Fairchild, M.D. in 03 Civ. 9835 (Coleman) [00 Civ. 2843, DI 2510], which is unopposed, is granted as necessarily decided by PTO 285 dated June 3, 2004.

  SO ORDERED.

20041105

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