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IN RE REZULIN PRODUCT LIABILITY LITIGATION

United States District Court, S.D. New York


November 10, 2004.

IN RE: REZULIN PRODUCT LIABILITY LITIGATION (MDL NO. 1348). This document relates to: 01 Civ. 0974, 01 Civ. 7765.

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

MOTION FOR ENTRY OF FINAL JUDGMENT AS TO PRE-TRIAL ORDER NO. 272

COMES NOW, Plaintiffs, Mae Willie Johnson and George Sago(hereinafter "Plaintiffs"), through counsel, and pursuant to FRCP 54(b) files their Motion for Entry of Final Judgment as to Pre-Trial Order No. 272, and in support thereof would show the following:

1. Plaintiffs Mae Willie Johnson and George Sago filed this action in 2000 against Defendants Warner-Lambert Company, its unincorporated division Parke-Davis, and Pfizer, Inc., alleging their use of the drug Rezulin caused congestive heart failure which resulted in personal injury or death. The action was subsequently transferred to multi-district litigation where it has been pending for almost four (4) years. Defendants filed a Motion for Summary Judgment on the grounds of no injury and lack of causation on or about August 7, 2003. After Plaintiffs answered Defendants' Motion and submitted their brief in opposition, Magistrate Judge Gabriel W. Gorenstein filed a Report and Recommendation recommending that Defendants' Motion be granted.*fn1 Subsequently, District Judge Lewis A. Kaplan granted Defendant's Motion by Pre-Trial Order No. 272 dated May 25, 2004.*fn2


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