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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

United States District Court, S.D. New York


December 2, 2004.

In re REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348).

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

AGREED ORDER OF DISMISSAL WITH PREJUDICE

THIS CAUSE came on to be heard upon the ore tenus motion of the Plaintiffs and Defendants, Sherry A. Martin, M.D., Austin Archie Howard, Jr., M.D., and D. Stanley Hartness, M.D., who move this Court to dismiss with prejudice the claims against the Defendants, Sherry A. Martin, M.D., Austin Archie Howard, Jr., M.D., and D. Stanley Hartness, M.D. The Court, having considered the motion, noting the agreement of counsel for Plaintiffs and said Defendants, and being otherwise fully advised in the premises, finds that the motion is well taken and should be granted.

  IT IS, THEREFORE, ORDERED AND ADJUDGED that the Complaint and all claims filed therein by the Plaintiffs against the Defendants, Sherry A. Martin, M.D., Austin Archie Howard, Jr., M.D., and D. Stanley Hartness, M.D. shall be and hereby are dismissed with prejudice.

  IT IS FURTHER ORDERED AND ADJUDGED that all other claims of the Plaintiffs against the other Defendants named in this civil action are hereby reserved as stated in the Complaint and will proceed accordingly.

  ORDERED AND ADJUDGED.

20041202

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