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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

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 granted.*fn1

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.

  SO ORDERED.


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