United States District Court, S.D. New York
May 9, 2005.
In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: Eugene Geddings
Warner-Lambert Company, et al. Civil Action Number 01cv3868.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL
Plaintiff Eugene Geddings (individually and as Personal
Representative for the estate of Frances P. Geddings), and
Defendants Warner-Lambert Company (including its unincorporated
Parke-Davis division) and Pfizer Inc., have agreed to settle this
action. Plaintiff is a citizen of South Carolina, and the State
of South Carolina requires court approval of that settlement.
Accordingly, in order to facilitate Plaintiff's application for
such approval in South Carolina state court, Plaintiff and
Defendants hereby stipulate as follows:
1. All claims by Plaintiff are dismissed without prejudice as
to the future filing and maintenance of any action in a United
States Federal District Court, and dismissed with prejudice as to
the future filing or maintenance of any action in any state
2. In the event that the South Carolina state court should
reject the parties' agreed settlement, then Defendants agree:
a. that they will not rely on the dismissal with prejudice as
to the future filing or maintenance of any action in state court
to assert any defense based upon res judicata or the collateral
estoppel doctrine in any future action concerning Rezulin® that Plaintiff might bring against any one or more of the Defendants
in a United States Federal District Court.
b. that any statute of limitations applicable to Plaintiff's
claims concerning the purchase or use of Rezulin® will be tolled
from the date Plaintiff filed the above-captioned action until
either party provides thirty days written notice to the other by
certified mail, return receipt requested, to the party's counsel
of record, that informal attempts to resolve the claim are
concluded. Such tolling shall apply, and the period of time that
the statutes of limitation are so tolled shall be added to the
time for bringing an action for Plaintiff's claims, only if such
claims are filed and maintained in a United States Federal
3. In the event that Janet, Jenner & Suggs, LLC ceases to
represent Plaintiff who is a party to this Stipulation, Janet,
Jenner & Suggs, LLC shall, as soon as practicable, notify
Defendants in writing that the firm is no longer representing
Plaintiff. In such a circumstance, the tolling of the applicable
statutes of limitation as to Plaintiff shall cease ninety days
from the date such representation ceases.
4. In the event that Plaintiff brings a future action against
any one or more of the Defendants, all discovery taken in any
other action brought against any one or more of the Defendants
concerning Rezulin® shall be useable in such action as if it were
taken therein. Similarly, any discovery taken by Warner-Lambert
as to Plaintiff in this action shall be useable as if taken
5. There are no motions pending in this matter. When approved,
this Stipulation of Dismissal will close this case in its
entirety. 6. Each party shall bear its own costs and attorneys' fees.
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