United States District Court, S.D. New York
August 3, 2005.
In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: All Cases.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
PRETRIAL ORDER NO. 392
(Improper Stipulations Submitted by Girardi | Kees)
The firm of Girardi | Kees, which represents many plaintiffs in
this MDL, recently submitted approximately 41 stipulations
proposing to dismiss without prejudice, pursuant to Fed.R. Civ.
P. 41 (a)(ii), claims against a number of physician defendants.
The stipulations are signed by counsel for plaintiffs and the
defendant physicians. They are not signed by counsel for other
parties to these cases.
Rule 41 (a)(ii) provides for dismissal on stipulation only if
the stipulation is "signed by all parties who have appeared in
the action." Accordingly, the stipulations are rejected. If the
stipulating counsel cannot obtain signatures of counsel for all
parties who have appeared in each affected action, they will have
to proceed by motion in order to give other parties an
opportunity to be heard.
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