United States District Court, S.D. New York
December 17, 2004.
In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: Annie Pearl Adams, et al.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL
IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN plaintiffs
Mattie L. Cooley, Louise B. House (incorrectly named as Louise
B. Hosue), Morrow L. Riser and Linda Willis and defendant
Warner-Lambert Company LLC ("Defendant"), by and through their
undersigned attorneys, that:
1. All claims by plaintiffs against Defendant are dismissed
with prejudice as to the future filing or maintenance of an
action in any court.
2. A Motion to Remand, filed in the federal transferor court in
the Southern District of Mississippi (S.D. Miss Civil Action No.
3:03cv0588, Docket Item Nos. 18 and 153), remains pending. This
stipulation does not terminate this motion. The motions
identified on attached Exhibit A, none of which relate to the
four plaintiffs requesting dismissal herein, were also filed in
the federal transferor court and are pending. None of the motions
identified on Exhibit A would be terminated by this stipulation.
3. When approved, this stipulation of dismissal will not
completely close this case. SO ORDERED. EXHIBIT A (pending motions)
Relief Sought Filing Party SD MS Docket
Dismiss Complaint Defendant John Wadsworth Fisk, Jr. 35
Dismiss Complaint Defendant Vernon Hughes 37
Dismiss Complaint Defendant Andrew Dill 39
Dismiss Complaint Defendant Thomas E. Sheffield 41
Dismiss Complaint Defendant Paul Warrington 43
Dismiss Complaint Defendant Robert L. Griffin 45
Dismiss Complaint Defendants Barbara Criswell and Annabelle 66
Dismiss Answer to Defendant Thomas A. Randle 81
Amended Complaint and
Dismiss Answer to Defendant Cooper A. McIntosh 84
Amended Complaint and
Renewed Motion to Defendant Walter Rose 152
Renewed Motion to Defendant Edgar N. Donahoe Jr. 154
Stay Proceedings Defendant Wade Dowell 155
Stay Proceedings Defendant David Richardson 156
Stay Proceedings Defendant John Downer 157
Dismissal Defendant Harish Madnani 166
Dismissal Defendant Richard Reid 167
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