United States District Court, S.D. New York
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
WHEREFORE, PREMISES CONSIDERED, defendant, H. Frank Howell,
M.D. moves the Court to dismiss him, with prejudice, herein.
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