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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

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.
v.
Warner-Lambert Company.

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 Item No.

 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 Cabe
Dismiss Answer to Defendant Thomas A. Randle 81 Amended Complaint and Cross-Claim

 Dismiss Answer to Defendant Cooper A. McIntosh 84 Amended Complaint and Cross-Claim

 Renewed Motion to Defendant Walter Rose 152 Dismiss

 Renewed Motion to Defendant Edgar N. Donahoe Jr. 154 Dismiss

 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
20041217

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