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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

United States District Court, S.D. New York


August 2, 2005.

In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL NO. 1348). This Document Relates to the Following Case: Carl Stutler, et. al.
v.
Warner Lambert Co., MDL #01-CV-08157. This Document Relates to the Following Case: Carl Stutler, et. al. v. Parke — Davis, et al. — MDL #01-CV-08157.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

STIPULATION OF DISMISSAL WITHOUT PREJUDICE

COME NOW plaintiffs Carl Stutler and Alice Stutler and defendants Warner-Lambert Company, LLC, Parke-Davis, an unincorporated division of Warner-Lambert Company, LLC and Pfizer, Inc., by and through their respective counsel, and stipulate and agree that the above-captioned action, including the Complaint of plaintiffs Carl Stutler and Alice Stutler and all claims and causes of action asserted therein, shall be and hereby is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1), with the parties to bear their own costs. A proposed Order of Dismissal Without Prejudice is attached hereto for the Court's consideration.

ORDER OF DISMISSAL WITHOUT PREJUDICE

  Based upon the Stipulation of Dismissal Without Prejudice filed by the respective parties on the ___ day of ___, 2005.

  IT IS HEREBY ORDERED that plaintiffs' cause of action is hereby dismissed without prejudice, with each party to bear their own respective costs.

  IT IS SO ORDERED.

20050802

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