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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

November 10, 2004.

In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This document Relates to: 02-cv-6813 (Lead Plaintiff: Roberta Lane).


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

MOTION TO DISMISS DEFENDANT H. FRANK HOWELL, M.D.

COMES NOW defendant, H. Frank Howell, M.D., by and through his attorneys of record, and moves the Court to dismiss him, with prejudice, in the above styled and numbered cause, and in support thereof would state as follows:

1. In PTO 156, issued on June 18, 2003, this Court determined that, based on the May 22, 2003, report and recommendations of Magistrate Judge Katz, Plaintiffs' motion to remand should be denied. This recommendation included a finding that the Plaintiffs failed to demonstrate a possibility of recovery against the non-diverse physician defendants, including Dr. Howell, who is therefore entitled to be dismissed from this action.

  WHEREFORE, PREMISES CONSIDERED, defendant, H. Frank Howell, M.D. moves the Court to dismiss him, with prejudice, herein.

  SO ORDERED.

20041110

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