United States District Court, S.D. New York
December 16, 2004.
In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: 03 Civ. 6384, 03 Civ. 6393, 03 Civ. 6395, 03 Civ. 8928, 03 Civ. 9844.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
PRETRIAL ORDER NO. 338 (Various Motions to Dismiss)
The motions to dismiss of defendants Samuel Okoye, M.D. [03
Civ. 6384, docketed in master docket as item 2703], Michael
Holder Albert, M.D., and Kurt Darwin Johnson, M.D. [03 Civ. 6393,
docketed in master docket as item 2700], William Krooss, M.D. [03
Civ. 6395, docketed in master docket as item 2707], and Larry
Holifield, M.D., Patrise Bennett, M.D., William Krooss, III,
M.D., and Mississippi Family Doctors, LLP [03 Civ. 8928, docketed
in master docket as item 2704], all of which are unopposed, are
SO ORDERED. PRETRIAL ORDER NO. 339 (Garza Motion to Reconsider PTO 328)
The motion for reconsideration is denied. Moreover, there is no
ambiguity in PTO 328. Dr. Cortes moved to dismiss the complaint.
The plaintiff opposed that motion and, in the alternative, moved
for leave to amend. PTO 328 dismissed the complaint and granted
the alternative motion for leave to amend.