United States District Court, S.D. New York
November 19, 2004.
In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: 02 Civ. 3581.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
PRETRIAL ORDER NO. 326 (Motions to Dismiss of Various
The motions to dismiss of J.A. Mobley, M.D. and Alvaro M.
Giraldo, M.D. fail to comply with PTO 1 in that the captions of
the motions reference case number 02 Civ. 3581. Case number 02
Civ. 3581 has as plaintiff Janette A. Williams and was filed May
9, 2002. The motion to dismiss of Dr. Mobley references as
plaintiff "Oscar Cancino" and alleges a filing date of July 21,
2003; the motion to dismiss of Dr. Giraldo references as
plaintiff "Gaudelupe Holdiness" and alleges a filing date of May
27, 2003. In other words, case number 02 Civ. 3581 does not even
name Drs. Mobley and Giraldo as defendants, and it is impossible
to determine from the motions which lawsuits do. Accordingly, the
motions to dismiss of Alvaro M. Giraldo [00 Civ. 2843, DI 2574]
and J.A. Mobley [00 Civ. 2843, DI 2577] are denied.
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