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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

August 22, 2005.

In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This document relates to: Qunnie Mae Denton o/b/o Jimmie Lee Perkins Civil Action No. 02 Civ. 1715LAK.


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

MOTION FOR ADDITIONAL TIME TO FILE CASE-SPECIFIC EXPERT WITNESS DECLARATION
COMES NOW Plaintiff Qunnie Mae Denton o/b/o Jimmie Lee Perkins ("Plaintiff") and files this Motion for Additional Time to File Case-Specific Expert Designation and, in support thereof, would show unto the Court the following:

1. Plaintiff's current deadline for filing her case-specific expert declaration is August 1, 2005.

  2. Plaintiff's counsel is also counsel of record for over 100 other Rezulin plaintiffs. Plaintiff's counsel is in the process of resolving all of these cases, but, at present, the expert retained for Plaintiff's specific case cannot give Plaintiff's counsel enough information for Plaintiff's counsel to adequately file a declaration by August 1, 2005.

  3. Therefore, Plaintiff's counsel respectfully requests an extension of time, until August 13, 2005, in which to file the case specific expert declaration.

  4. Plaintiff's counsel has discussed the present motion with counsel for Defendant and she has no objection to the requested extension.

  SO ORDERED. MOTION TO DISMISS DEFENDANT COOPER McINTOSH, M.D.

  COMES NOW, defendant Cooper McIntosh, M.D., by and through his attorneys of record, and move the Court to dismiss him, with prejudice, in the above-styled and numbered cause, and in support would show unto the Court the following:

  1. On January 23, 2002, plaintiffs filed a Complaint in the Circuit Court of Holmes County, Mississippi naming Dr. McIntosh as a defendant.

  2. On May 7, 2002, this case was removed by Warner-Lambert Company and Pfizer, Inc. to the Untied States District Court for the Southern District of Mississippi, Jackson Division; Civil Action NO. 3:02CV446. On July 24, 2002, this case was transferred to the Rezulin MDL.

  3. Although the plaintiffs originally joined Dr. McIntosh as a defendant, once the case was removed by the diverse defendants on fraudulent joinder grounds, no motion to remand was filed, such that the plaintiffs have effectively conceded that no claim is being made against the physician defendants, including Dr. McIntosh.

  4. Other defendant doctors in similar cases have been dismissed due to the plaintiffs' failure to demonstrate a possibility of recovery against the non-diverse physician defendants.

  5. It is clear from the plaintiffs' election not to move for remand that they concede

  SO ORDERED. MOTION TO DISMISS DEFENDANT H. FRANK HOWELL, M.D.

  COMES NOW defendant H. Frank Howell, M.D., by and through his attorneys of record, and moves the Court to dismiss him, with prejudice, in the above-styled and numbered cause, and in support thereof would state as follows:

  1. In PTO 279, issued on June 3, 2004, this Court determined that, based on the May 13, 2004 report and recommendations of Magistrate Judge Katz, Plaintiffs' motion to remand should be denied. This recommendation included a finding that the Plaintiffs failed to demonstrate a possibility of recovery against the non-diverse physician defendants, including Dr. Howell, who is therefore entitled to be dismissed from this action.

  WHEREFORE, PREMISES CONSIDERED, defendant H. Frank Howell, M.D. moves the Court to dismiss him, with prejudice, herein.

  SO ORDERED. MOTION TO DISMISS DEFENDANT ERIC HARDING, M.D.

  COMES NOW defendant Eric Harding, M.D., by and through his attorneys of record, and moves the Court to dismiss him, with prejudice, in the above-styled and numbered cause, and in support thereof would state as follows:

  1. In PTO 279, issued on June 3, 2004, this Court determined that, based on the May 13, 2004 report and recommendations of Magistrate Judge Katz, Plaintiffs' motion to remand should be denied. This recommendation included a finding that the Plaintiffs failed to demonstrate a possibility of recovery against the non-diverse physician defendants, including Dr. Harding, who is therefore entitled to be dismissed from this action.

  WHEREFORE, PREMISES CONSIDERED, defendant Eric Harding, M.D. moves the Court to dismiss ...


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