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FENPHEN MDL-1203

Offical Website for the United States Courts' Multidistrict Litigation,
Action No. 1203, In Re: Diet Drugs



PTOs 3000-3499


09/08/03

3000

Re: Yuvonne B. Wilson v. Wyeth (03-20214)

          AND NOW, this 8th day of September, 2003, for the reasons stated in the accompanying memorandum it is hereby ORDERED that the motion of Yuvonne B. Wilson to remand this action to the Circuit Court of Montgomery County, Alabama, is DENIED.

09/08/03

3001

Re: Cheryl Stringer v. AHP (00-21001)

          It is hereby stipulated and agreed by and between counsel for Plaintiff and Wyeth that Wyeth shall have until September 8, 2003 to serve a response to Plaintiff=s Notice of Appeal and Objection to Special Master=s Decision and Recommendation No. 98 and Proposed orders in the above-captioned action.

09/08/03

3002

Re: Sheila Brown (99-20593), Marsha Glenn (02-20102), Terrilyn May & Cynthia Baker (02-20187), Maury Parker & Cindi Mitchell (02-20087) v. AHP

          AND NOW, this 8th day of September, 2003, having considered the Report and Recommendation No. 5 of the Special Master to the Trust (as to the motions of Wyeth to enforce Paragraph 7 of Pretrial Order NO. 1415 against Class Members Marsha Glenn, terrilyn May, Maury Parker, and Cindi Michelli), it is hereby ORDERED that:

          1.  The report and recommendation no. 5 is AFFIRMED for the reasons set forth therein;

          2.  The motions of Wyeth as to plaintiffs Marsha Glenn, Terrilyn May, Maury Parker, and Cindi Michelli, are GRANTED;

          3.  The above captioned actions as to plaintiffs Marsha Glenn, Terrilyn May, Maury Parker, and Cindi Michelli are dismissed.

09/09/03

3003

Re: Sheila Brown v. AHP (99-20593)

          AND NOW, this 9th day of September, 2003, upon review of certain class members= expedited motion for an order suspending the claims integrity program and the medical practices questionnaires deadline, it is hereby ORDERED that;

          1.  Any interested party, including the AHP Settlement Trust, shall file and serve any repsonse to the motion to suspend claims integrity program before the close of court on Friday, September 19, 2003;

          2.  A hearing on the merits of the motion to suspend the claims integrity program will be held on September 23, 2003, at 2:30 pm in Courtroom of the United States Courthouse;

          3.  The special master=s office shall forward a copy of this order to class counsel for service on interested partiesl further, the special master=s office shall ensure that this order is posted on both the mdl 1203 and ahp settlement trust=s web sites.

09/08/03

3004

Re: Sheila Brown v. Wyeth (99-20593)

          AND NOW, this 9th day of September, 2003, it is hereby ORDERED that the motion of certain plaintiffs requesting permission to file amicus briefs in opposition to Wyeth=s motions for injunctions against PPH claimants Cappel, Dix, and Franz is GRANTED.

09/15/03

3005

Re: Cheryl Stringer v. AHP (00-21001)

          AND NOW, this 15th day of September, 2003, it is hereby ORDERED that the motion of defendant, Wyeth, for enlargement of time (Doc. No. 204051) is DENIED as moot, as per Stipulation and Pretrial order No. 3001.

09/16/03

3006

Re: Sheila Brown v. AHP (99-20593)

          AND NOW, this 16th day of September, 2003, it is hereby ORDERED that the motion of Fleming & Associates= Matrix Level Compensation Clients= for notice of all hearings and meetings (doc. No. 203353 and the motion of Miller & Associates= for notice of all hearings and meetings (doc. No. 203361), are hereby DENIED.

          Before the court are motions of certain claimants represented by Fleming & Associates of Houston, Texas and Miller & Associates of Alexandria, Virginia for notice of all hearings and meetings held relating to MDL No. 1203 and the nationwide class action settlement agreement.  Claimants are concerned that Class Counsel and the PMC will not adequately represent their clients= interests before the court.  Based on the representations of Class Counsel and the PMC, notices of hearings are sent to all interested counsel.  Moreover, we note that agendas for the court=s regular status conferences relating to MDL 1203 and settlement matters are posted on the Internet at www.fenphen.verilaw.com.  Accordingly, we will deny the motions.

09/16/03

3007

Re: Sheila Brown v. AHP (99-20593) claimant Lynn Kuerth

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATOR

          On May 16, 2002, Claimant Lynn Kuerth (AClaimant@) filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination on her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/16/03

3008

Re: Sheila Brown v. AHP claimant Jacqueline Carter

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATOR

          Claimant Jacqueline Carter (AClaimant@) has filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination on her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/16/03

3009

Re: Sheila Brown v. AHP (99-20593) claimant Joyce Dyer

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATOR

          Claimant Joyce Dyer (AClaimant@) has filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination on her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/16/03

3010

Re: Sheila Brown v. AHP (99-20593) claimant Prudence Nicosia

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATOR

          Claimant Prudence Nicosia (AClaimant@) has filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination on her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/16/03

3011

Re: Sheila Brown v. AHP (99-20593) claimant Lisa Pazour

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATION

          Claimant Lisa Pazour (AClaimant@) has filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination of her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/16/03

3012

Re: Sheila Brown v. AHP (99-20593) claimant Dawn Garner-Cottrell

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATOR

          Claimant Dawn Garner-Cottrell (AClaimant@) has filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination on her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/16/03

3013

Re: Sheila Brown v. AHP (99-20593) claimant Heidi Hull

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATOR

          Claimant Heide Hull (AClaimant@) has filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination on her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/16/03

3014

Re: All Actions

          AND NOW, TO WIT, this 16th day of September, 2003, upon consideration of the Sixteenth Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (07/01/03 through 07/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $10,983.54 for the period from 07/01/03 through 07/31/03, in accordance with the procedure established by the Court.

09/16/03

3015

Re: All Actions

          AND NOW, TO WITH, this 16th day of September, 2003, upon consideration of the Thirty-Eighth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (07/01/03 through 07/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $67,401.44 for the period from 07/01/03 through 07/31/03, in accordance with the procedure established by the Court

09/16/03

3016

Re: All Actions

          AND NOW, TO WIT, this 16th day of September, 2003, upon consideration of the Sixty-Fourth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (07/01/03 through 07/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $31,704.70 for the period from 07/01/03 through 07/31/03, in accordance with the procedure established by the Court.

09/16/03

3017

Re: All Actions

          AND NOW, TO WIT, this 16th day of September, 2003, upon consideration of the Thirty-Second Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (07/01/03 through 07/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $84,867.08 for the period from 07/01/03 through 07/31/03, in accordance with the procedure established by the Court.

09/16/03

3018

Re: All Actions - FILED UNDER SEAL

09/16/03

3019

Re: Sheila Brown v. AHP (99-20593) claimant Prudence Nicosia

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATOR

          Claimant Prudence Nicosia (AClaimant@) has filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination on her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/16/03

3020

Re: Sheila Brown v. AHP (99-20593) claimant Elliot Palay

          ORDER SETTING BRIEFING SCHEDULE FOR APPEAL FROM REPORT AND AWARD OF ARBITRATOR

          Claimant Elliott Palay (AClaimant@) has filed a Notice of Appeal from the Report and Award of the Arbitrator who presided over her appeal from the AHP Settlement Trust=s Final Determination on her Claim for Matrix Compensation Benefits.  AND NOW, this 16th day of September, 2003, it is hereby ORDERED that:

09/17/03

3021

Re: Kay and Frank Ball v. AHP (02-20104)

          AND NOW TO WIT: This 17th day of September, 2003 it having been reported that the issues between the parties in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby

          ORDERED that, pursuant to agreement of counsel, the above listed action is DISMISSED with prejudice and without costs as to all named Defendants.

09/17/03

3022

Re: Cynthia Bay v. AHP (02-20109)

          AND NOW TO WIT: This 17th day of September, 2003 it having been reported that the issues between the parties in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby

          ORDERED that, pursuant to agreement of counsel, the above listed action is DISMISSED with prejudice and without costs as to all named Defendants.

09/18/03

3023

Re: Sheila Brown v. AHP (99-20593)

          AND NOW, this 18th day of September, 2003, it is hereby ORDERED that the motion for leave to exercise intermediate or back-end opt-out rights (Documents no. 203525) is DENIED.  There is no basis under the Settlement Agreement to allow the opt-outs requested.  Even if we otherwise had discretion to do so, we do not find the reasons advanced to amount to good cause or to be in the interest of justice.

09/18/03

3024

Re: Mitzi M. Wilson v. AHP (03-20280)

          ORDER ALLOWING SUBSTITUTION OF COUNSEL

          THIS MATTER having come before the Court on the ore tenus motion of defendants J.R. Todd, M.D. and Norris Crump, M.D. for substitution of counsel, requesting that the law firm of Upshaw Williams Biggers Beckham & Riddick, LLP be allowed to withdraw as counsel of record and that the law firm of Currie Johnson Griffin Gaines & Myers, P.A. be substituted as counsel on behalf of these defendants, and it appearing unto the Court that Drs. Todd and Crump have agreed to this change of counsel and that no party herein will be prejudiced as a result of such substitution;

          IT IS THEREFORE ORDERED AND ADJUDGED that the law firm of Currie Johnson Griffin Gaines & Myers, P.A. be and it is hereby substituted as counsel for defendants J.R. Todd, M.D. and Norris Crump, M.D. in place of the law firm of Upshaw Williams Biggers Beckham & Riddick, LLP.

          SO ORDERED AND ADJUDGED, this the 18th day of September, 2003.

09/19/03

3025

Re: Sheila Brown v. AHP (99-20593) Claimant: Joan Goodwin

          AND NOW, this 19th day of September, 2003, upon consideration of Wyeth=s unopposed Motion for Extension to File Response to Class Member Joan Goodwin=s Motion to Allow Late Echocardiogram, it is hereby ORDERED that Wyeth=s unopposed Motion is GRANTED, and Wyeth will have until Friday, September 26, 2003 to file its Response

09/19/03

3026

Re: Sheila Brown v. AHP (99-20593)

          STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO THE MULLIGAN PLAINTIFFS= MOTION TO ENFORCE PTO 1415

          It is hereby STIPULATED and AGREED by and between PPH clients and Intermediate and Back-End Opt-Out Valvular Heart Disease clients (VHD Movants), represented by the Mulligan Firm, and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including September 29, 2003, to respond to the Mulligan Plaintiffs= Motion to Enforce PTO 1415.

          This extension is for a period of less than thirty (30) days.  No prior extension has been requested or given in this matter.

09/19/03

3027

Re: Bonnie Gustafson v. Wyeth (03-20031)

          AND NOW, this 19th day of September, 2003, it is hereby ORDERED that:

          (1) the motion of plaintiff Bonnie Gustafson to remand this action to the Circuit Court of the Thirteenth Judicial District in and for Hillsborough County, Florida (Document no. 203630) is DENIED.  Plaintiff was a citizen of North Carolina when suit was instituted.  Complete diversity of citizenship exists and the requisite amount in controversy has been satisfied.

          (2) the motion of defendant Eckerd Corporation to dismiss (document no. 203611) is DENIED and the motion of plaintiff to extend time for service of Eckerd Corporation (Document no. 203629) is GRANTED; and

          (3) the unopposed motion of defendant Caryn Rightmyer to dismiss (Document no. 203624) is GRANTED.

09/22/03

3028

Re: Loretta Grant v. Wyeth (03-20330)

          THIS MATTER having come before the Court on the Motion ore tenus of Defendant Dr. Stephen Tramill for substitution of counsel, requesting that the law firm of Logan & May be allowed to withdraw as counsel of record and that the law firm of Boudreaux & Jones be substituted as counsel on behalf of Defendant Dr. Stephen Tramill and he has agreed to this change of counsel, and no party herein will be prejudiced as a result thereof.

          IT IS THEREFORE ORDERED AND ADJUDGED that the law firm of Bourdeaux & Jones be and it is hereby substituted as counsel for Dr. Stephen Tramill in place of the law firm of Logan & May.

09/22/03

3029

Re: Sheila Brown v. AHP (99-20593) Terrilyn A. May and Cynthia Baker v. Wyeth (02-20187)

          AND NOW, this 22nd day of September, 2003, it is hereby ORDERED that Report and Recommendation No. 8 of the Special Master (as to Motion to Enforce Paragraph 7 of Pretrial Order No. 1415 Against Class Member Cynthia Baker) is AFFIRMED.

          It is further ORDERED that:

          (1) Wyeth=s Motion as to Plaintiff Cynthia Baker (Doc. No. 203663) is GRANTED;

          (2) Plaintiff Cynthia Baker is barred and enjoined from prosecuting her current PPH claim against Wyeth;

          (3) Plaintiff Cynthia Baker=s claim against Wyeth is dismissed; and

          (4) the Special Master shall serve a copy of this Order on counsel for the Plaintiff.

09/22/03

3030

Re: Sheila Brown v. AHP (99-20593)

          AND NOW, this 22nd day of September, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

          (1) plaintiff Michelle Renee Corley, her agents, attorneys and any derivative claimants are ENJOINED, in the case of Michelle Renee Corley v. AHP No. 21, 178, pending in the District Court of Jasper County, Texas, from proceeding or from aiding plaintiff in proceeding as an initial opt-out from the Nationwide Class Action Settlement in Brown v. AHP.

          (2) plaintiff, her agents, attorneys and any derivative claimants are ENJOINED in the above-identified Texas state court action, from introducing any evidence or making any arguments or statements to the court or jury directly or indirectly related to any claim for punitive, exemplary, or multiple damages against Wyeth (previously known as AHP): and

          (3) the parties are directed promptly to transmit a copy of this Memorandum and Pretrial Order to the presiding judge in the State Court Action.

09/24/03

3031

Re: Sheila Brown v. AHP (99-20593)

          AND NOW, this 24th day of September, 2003, it is hereby ORDERED that the motion of certain class Members requesting permission to file a reply brief in support of their expedited motion for an order suspending the claims integrity program and the medical practices questionnaire deadline (Document #204161) is GRANTED

09/24/03

3032

Re: Sheila Brown v. AHP (99-20593) claimant Nancy Shults

           And now, this 24th day of September, 2003, upon consideration of the Stipulation between Claimant Nancy Shults and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Nancy Shults is discontinued, and Pretrial Order NO. 2950, as it pertains to Claimant Nancy Shults is vacated.

09/26/03

3033

Re: Sheila Brown v. AHP (99-20593) Claimant Vernell Washington

          And now, this 26th day of September, 2003, upon consideration of the Stipulation between Clamant Vernell Washington and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Vernell Washington is discontinued, and Pretrial Order No. 2950, as it pertains to Claimant Vernell Washington, is vacated.

09/26/03

3034

Re: Martha Green and Stephanie S. Stewart, et al. V. Wyeth, Dr. Irvin Martin, III, et al. (03-20234)

          AGREED ORDER OF DISMISSAL OF DEFENDANT, DR. IRVIN MARTIN, III, WITH PREJUDICE

          It having come to the attention of the Court, as indicated by the signature of counsel below, that one of the plaintiffs herein, Stephanie S. Stewart, has agreed that all claims she has alleged or that could have alleged in this civil action against Defendant, dr. Irvin Martin, III, concerning medical treatment provided to her by Dr. Irvin Martin, III, should be dismissed with prejudice.

          IT IS HEREBY ORDERED AND ADJUDGED, that all claims alleged or that could have been alleged in this civil action by Stephanie S. Stewart concerning medical treatment provided to her by Dr. Irvin Martin, III are DISMISSED WITH PREJUDICE.

09/29/03

3035

Re: Sheila Brown v. AHP (99-20593) Claimant Nancy Shults

          And now, this 29th day of September, 2003, upon consideration of the Stipulation between Claimant Nancy Shults and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Nancy Shults is discontinued, and Pretrial Order No. 2950, as it pertains to Claimant Nancy Shults, is vacated.

09/29/03

3036

Re: Sheila Brown v. AHP (99-20593)

          STIPULATION AND ORDER FOR CONDUCTING DISCOVERY RELATING TO THE MOTION OF CLASS MEMBER MARGIE FISHER FOR RELIEF FROM PRETRIAL ORDER NO. 1238

          It is hereby STIPULATED and AGREED by and between Class Member Margie Fisher (AMs. Fisher@) and Defendant Wyeth (AWyeth@), through their respective undersigned counsel, that discovery and briefing relating to the Motion of Class Member Margie Fisher for Relief from Pretrial Order No. 1238 shall take place as set forth below:

09/29/03

3037

Re: Katy Weaver (03-20153), Williette Neason (03-20154), Charlese Carter (03-20158), Lynda Parker (03-20165), Sherrell Cole (03-20171)

          AND NOW, this 29th day of September, 2003, it is hereby ORDERED that the motion for certification of PTO No. 2946 for interlocutory appeal and pursuant to 28 U.S.C. 1292 (b) or, alternatively, for entry of judgments pursuant to Fed.R.Civ.P. 54(b) (Document No. 204011) is DENIED.

10/01/03

3038

Re: Dorothy Jensen v. Tracy M. Fransden, M.D.

     The above-referenced matter comes before the Court on the above-stipulated motion.  Based upon the motion, and for good cause shown, the court GRANTS THE MOTION and orders that the Complaint in this case is dismissed with prejudice as to Defendant Tracy M. Fransden, M.D., each party to bear their own costs.

10/01/03

3039

Re: Sheila Brown v. AHP (99-20593)

     Upon unopposed application made by V.E. Dorsey on behalf of himself and his children, the Court hereby orders that certain exhibits which were inadvertently left off his Motion and Brief Determining that V.E. Dorsey has Opted Out of Class Action Settlement referenced as AExhibit A@, AExhibit B@, and AExhibit C@ be filed herein.

10/01/03

3040

Re: Holli McCarra and Ramona Fleming V. Wyeth, Inc. and Dr. Jackie McHenry, et al. (03-20161)

     AGREED ORDER ALLOWING WITHDRAWAL OF COUNSEL

     CAME ON THIS DAY for hearing the Motion to Bryan, Nelson, Randolph and Weathers, P.A., who moved the court to withdraw as counsel of record for the separate defendant, Jack E. McHenry, M.D., with said defendant to continue being represented by William B. Carter, Esq. Of Bourdeaux & Jones, P.O. Box 2009, Meridian, Mississippi 39302, and the court having considered same, and being fully advised in the premises, does find that said motion is well taken and should be sustained.

10/01/03

3041

Re: Gewndolyn Baker and Lonnie Baker v. Wyeth and Dr. David Headley (03-20119)

     AND NOW, this 1st day of October, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claim of Plaintiffs Gwendolyn Baker and Lonnie G. Baker in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.  This dismissal shall not affect any of the rights that the Plaintiffs may have under the Accelerated Implementation Option of the Nationwide Class Action Settlement of the litigation against Wyeth relating to the diet drugs Pondimin and Redux.

10/01/03

3042

Re: Isiah Frye and Doris Frye v. Wyeth and Dr. George Moss 03-20004)

          AND NOW, this 1st day of October, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiffs Isiah Frye and Doris Frye are hereby dismissed with prejudice as against all defendants, with each party to bear its own costs and counsel fees.

          This Stipulation is filed on behalf of plaintiffs Isiah Frye and Doris Frye and all defenants named and those who have appeared in the above-captioned matter, those being Wyeth and Dr. George Moss.  There remain no Plaintiffs in this action whose claims are not being disposed of by this judgment.

10/01/03

3043

Re: Sheila Brown V. AHP (99-20593) claimant Vernell Washington

     And now, this 1st day of October, 2003, upon consideration of the Stipulation between Claimant Vernell Washington and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Vernell Washington is discontinued, and Pretrial Order No. 2950, as it pertains to Vernell Washington, is vacated.

10/01/03

3044

Re: Jimmie Kohlheim v. Wyeth (03-20000)

     And no, this 1st day of October, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to (1) Physician Group, L.C. (Erroneously denominated as Physicians Group, L.C. d/b/a BJC Health Center) and (2) Walgreen Company, with each party to bear its own costs and counsel fees.

     This Stipulation is effective only to cht claims asserted by Jimmie Kohlheim against Physician Group, L.C. and Walgreen Company and is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter.

10/01/03

3045

Re: Sheila Brown v. AHP (99-20593), Judith and Robert Otto (01-20152), Nancy Janney (00-20704), and Karen Malonee v. AHP (01-20552)

     STIPULATION REGARDING THE SUBPOENA OF ERIC L. ALEXANDER, ESQ.

     On August 23, 2002, Plaintiffs in Lyndall S. Harvey, et al. V. AHP, et al., a Back-end and/or Intermediate Opt-Out pending in the District Court of Jefferson Count, Texas (the AHarvey Action@) served a subpoena duces tecum and for oral and videotaped deposition on Eric L. Alexander, one of the counsel representing Wyeth in other pending cases.  That subpoena requested, among other things: discovery relating to Mr. Alexander=s license and fitness to practice law; documentation regarding Arnold & Porter=s efforts to conduct discovery, motion practice and cross-examination relating to Dr. Lemuel Moye, including documents in the possession of a number of law firms representing Wyeth in the diet drug litigation; and Aall documents that depict any allegation the Wyeth has violated any law, rule, or ethical standard including, but not limited to lawsuits, indictments, information, grievances, or complaints whether they pertain to or arise out of fen-phen or not.

10/01/03

3046

Re: Sheila Brown v. American Home Products claimants Shelly Urban-Gates, Sarah Nesbitt, Phyzell Roland, dora Vega, Larue Taylor, Deborah Ramirez, Donna McCarty, Ruth Hargrove, Lillie Sutton and Jeanne Pappion

          ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED PLAINTIFFS

10/01/03

3047

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 1st day of October, 2003, it is hereby ORDERED that the motion of certain class members to compel discovery from AHP Settlement Trust (Document No. 204162) is DENIED.  The movants, however, may take the scheduled rule 30(b)(6) depositions within eleven days of this Order.

10/01/03

3048

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 1st day of October, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the expedited motion of certain class members to suspend the claims integrity program and the medical practices Questionnaires deadline is DENIED.

10/01/03

3049

Re: Cheryl Stringer v. AHP (00-21001)

     AND NOW, this 1st day of October, 2003, it is hereby ORDERED that Decision and Recommendation No. 95 of Special Discovery Master (as to Wyeth=s Motion for Attorneys= Fees and Sanctions Against Plaintiff=s Counsel) is AFFIRMED.

     It is further ORDERED that:

     1.  Plaintiff=s counsel, Ken R. Adcock shall pay a $5,000.00 sanction to Wyeth for failure to produce a timely and compliant expert report pursuant to Federal Rule of Civil Procedure 26;

     2.  Wyeth=s Motion for Application of Attorneys= Fees Incurred to Obtain Plaintiff=s Case-Specific Expert Reports (Doc. No. 203046) is DENIED; and

     3.  Wyeth=s Motion to Strike Plaintiff=s Case-Specific Expert Designation and to Extend its Case-Specific Expert Designation Deadline (Doc. No. 202903) is DENIED as moot.

10/01/03

3050

Re: Cheryl Stringer v. AHP (00-21001)

     AND NOW, this 1st day of October, 2003, it is hereby ORDERED that Decision and Recommendation No. 98 of Special Discovery Master (as to Various Motions in the Stringer Matter) is AFFIRMED.

10/01/03

3051

Re: Nancy Janney v. AHP (00-20704)

          AND NOW TO WIT: This 1st day of October, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of civil Procedure of this Court, it is hereby          ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants.

10/01/03

3052

Re: Judith and Robert Otto (01-20152)

          AND NOW TO WIT: This 1st day of October, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of civil Procedure of this Court, it is hereby          ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants.

10/01/03

3053

Re: Carolyn Tew, Executrix of the Estate of Karen Guy Malonee v. AHP (00-20552)

          AND NOW TO WIT: This 1st day of October, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of civil Procedure of this Court, it is hereby          ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants.

10/06/03

3054

Re: Janice Anne Klemann v. Wyeth, Inc. f/k/a AHP f/k/a A.H. Robins, Wyeth Pharmaceuticals f/k/a Wyeth Ayerst Laboratories Company and Does 1-20, inclusive (03-20117)

          AND NOW, this 6th day of October, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Plaintiff=s Complaint in the above-captioned case is hereby dismissed as to all named Defendants, with each party to bear its own costs and counsel fees.  This dismissal shall be without prejudice to Plaintiff=s right to assert a claim against Wyeth in the future based on PPH is she meets the definition of PPH in the Nationwide Class Action Settlement Agreement as a result of a change in medical circumstances.  If Plaintiff decides to initiate a future lawsuit against any of the Defendants, she shall do so in a United States District Court and her claim must be presented so that the United States District Court has subject matter jurisdiction under 28 U.S.C. 1332.          This Stipulation is filed on behalf of Plaintiff and all Defendants in the above-captioned matter.

10/06/03

3055

Re: Sheila Brown v. AHP (99-20593) Claimant Germaine Davis          And now this 6th day of October, 2003, upon consideration of the Stipulation between Claimant Germaine Davis and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Germaine Davis is discontinued, and Pretrial Order No. 2910, as it pertains to Claimant Germaine Davis, is vacated.

10/06/03

3056

Re: Sheila Bown v. AHP (99-20593)

          STIPULATION TO EXTEND TIME FOR AHP SETTLEMENT TRUST TO RESPOND TO MOTION FOR FAIR AUDIT SYSTEM          The AHP Settlement Trust (the ATrust@) and MDL Plaintiffs represented by Michael L. Hodges, Esquire hereby stipulate and agree that the Trust shall have an extenion of time up to and including August 4, 2003 to respond to the Motion for Fair Audit System.  This extension is for a period of less than 30 days.  No prior extension has been requested or granted in this matter

10/06/03

3057

Re: Sheila Brown v. AHP (99-20593)          AND NOW, this 6th day of October, 2003, at the request of counsel, it is hereby ORDERED that the emergency motions of certain class members for a cure provision (Doc. Nos. 203421, 203426, 203440, 203491, and 203501) are marked WITHDRAWN.

10/07/03

3058

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 7th day of October, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of Sherman Salkow Petoyan & Weber, P.C., to strike notice of lien asserted by John W. Hornbeck, Jr., Esquire (Doc. No. 203773) is GRANTED; and     2.  Escrow Agent, Gregory P. Miller, Esquire, is directed to pay $2,438,024.16 from the MDL 1203 Fee and Cst Account to Sherma Salkow Petoyan & Weber, P.C.  This payment is without prejudice to any right John W. Hornbeck, Jr., Esquire may have against Sherma Salkow Petoyan & Weber, P.C.

10/08/03

3059

Re: Diane Bringhurst and Daleen Pugmire v. Wyeth, Inc. f/k/a AHP f/k/a A.H. Robins, Wyeth Pharmaceuticals f/k/a Wyeth-Ayerst Laboratories Company; and Does 1-20, inclusive (03-20055)

     AND NOW, this 8th day of October, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with respect to all of Plaintiff Diane Bringhurst=s claims against all named Defendants, with each party to bear its own costs and counsel fees.  This dismissal shall be without prejudice to Plaintiff Diane Bringhurst=s right to assert a claim against Wyeth in the future based on PPH if she meets the definition of PPH in the Nationwide Class Action Settlement Agreement as a result of a change in medical circumstances.  If Plaintiff decides to initiate a future lawsuit against any of the Defendants, she shall do so in a United States District Court and her claim must be presented so that the United States District Court has subject matter jurisdiction under 28 U.S.C. 1332.     This Stipulation is filed on behalf of Plaintiff Diane Bringhurst and all Defendants in the above-captioned matter.  It does not affect the claims of Plaintiff Daleen Pugmire in this action

10/08/03

3060

Re: All Actions FILED UNDER SEAL    

10/08/03

3061

Re: All Actions     AND NOW, this 8th day of October, 2003, upon consideration of the Escrow Agent=s Twelfth Petition for Release of funds from the MDL 1203 Fee and Cost Account to Pay Refunds, submitted under seal, it is hereby ORDERED that said petition is granted and pretrial roder no. 3061a shall be filed under seal.

10/08/03

3062

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 8th day of October, 2003, it is hereby ORDERED that the petition of claimant Elliott Palay to determine claimant has been audited pursuant to PTO 2457 and other relief (Document No. 203715) is DENIED.  Claimant=s motion is totally without merit.

10/08/03

3063

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 8th day of October, 2003, it is hereby ORDERED that the motion of claimant Elliot Palay to amend PTO 3020 and for other relief (Document No. 204226) is DENIED, except that claimant may file and serve his appellate brief on or before October 31, 2003.

10/08/03

3064

Re: Charlene Adams v. AHP (02-20253)

     AND NOW, this 8th day of October, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(2), that the Defendants Byrd Drug Company, Inc. and Synco Drugs and Martin Colley Drug Co., Inc. are hereby dismissed with prejudice, each party to bear its own costs and counsel fees.

     This stipulation is filed on behalf of the Plaintiffs and Defendants who have appeared in the above-captioned matter.     IT IS FURTHER ORDERED that plaintiffs rights to proceed against non-released parties: AMERICAN HOME PRODUCTS CORPORATION, WYETH AYERST LABORATORIES DIVISION OF AMERICAN HOME PRODUCTS CORPORATION, WYETH AYERST LABORATORIES COMPANY, A.H. ROBINS COMPANY, INC., be and are hereby reserved.

10/10/03

3065

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 10th day of October, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of Wyeth to enforce the Nationwide Class Action Settlement Agreement against class members in the cases of Jerry Coffey, Individually and as a representative of the Estate of Cynthia Cappel, Deceased, et al. V. Wyeth, et al. (Case No. E-167, 334, District Court of Jefferson County, Texas), Rita Dix, et al. V. Wyeth, et al. (Case No. 03-02-010147-CV, District Court of Montgomery County, Texas), and Donna Allan Franz v. Wyeth, et al. (Case No. 49, 594, Court of Galveston County, Texas) is DENIED

10/10/03

3066

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 10th day of October, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  the motion of class member Merle Hall for relief from Pretrial Order No. 2912 is GRANTED; and     2.  the injunction entered in Pretrial Order No. 2912 is VACATED.

10/10/03

3067

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 10th day of October, 2003, it is hereby ORDERED that:

     1.  The motion of class member Merle Hall for reconsideration of Pretrial Order No. 2867 is GRANTED for the reasons more fully stated in PTO 3065; and     2.  PTO 2867 is VACATED.

10/14/03

3068

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 14th day of October, 2003, it is hereby ORDERED that:

     1.  The motion of Wyeth for expedited consideration of its motion for an injunction to enforce the Nationwide Class Action Settlement Agreement in Eichmiller v. AHP (02-52077), Fulton County, GA, Cooke v. Wyeth (2002-21) Hinds County, MS, and Caldwell v. Wyeth (2002-113-CV3, Jones County, MS, is GRANTED.

     2.  Plaintiffs in the above actions shall file and serve any responsive brief on or before October 21, 2003;

     3.  Wyeth shall file and serve any reply brief on or before October 27, 2003; and     4.  The court will hold oral argument on the motion for injunctive relief on October 28, 2003 at 2:00 pm.

10/20/03

3069

Re: Sheila Brown, Sharon Gaddie, Vivian Naugle, Quintin Layer, and Joby Jackson-Reid, individually and all othrs similarly situated v. AHP (99-20593)

     STIPULATION FOR EXTENSION OF TIME FOR THE AHP SETTLEMENT TRUST TO RESPOND TO CERTAIN CLASS MEMBERS= MOTION FOR ACCESS TO COURT AND RENEWED MOTION FOR RECONSIDERATION OF PTO 2683     It is hereby STIPULATED and AGREED between the AHP Settlement Trust and Certain Class Members represented by Baron & Budd, through their respective undersigned counsel, that the Trust shall have an extension of time until October 17, 2003, to respond to Certain Class Members= Motion for Access to Court and Renewed Motion for Reconsideration of PTO 2683, dated September 22, 2003.

10/20/03

3070

Re: Sheila Brown v. AHP (99-20593)

     STIPULATION FOR EXTENSION OF TIME FOR WYETH AND CLASS COUNSEL TO RESPOND TO CERTAIN CLASS MEMBERS= MOTION FOR ACCESS TO COURT AND RENEWED MOTION FOR RECONSIDERATION OF PTO 2683

     It is hereby STIPULATED and AGREED by and among Wyeth, Class Counsel, and the Class Members represented by Baron and Budd, through their respective undersigned counsel, that Wyeth and Class Counsel shall have an extension of time up to and including October 17, 2003, to respond to Certain Class Members= Motion for Access to Court and Renewed Motion for Reconsideration of PTO 2683, filed on or about September 22, 2003.     This extension is for a period of less than thirty (30) days.  No prior extension has been requested or given in this matter.

10/20/03

3071

Re: Melissa Graham, Hope Herrington, Kimberly Shea Mosley, and Linda Patrick v. Wyeth (03-20160)

     AND NOW, this 20th day of October, 2003, upon consideration of the Motion for substitution of Counsel for the Plaintiffs, it is hereby ORDERED that:

     1.  The motion of plaintiffs for substitution of counsel is GRANTED; and

     2.  Michelle LeGault and the law firm of Kellogg & Sigelman and all attorneys within the firm who have appeared as counsel for plaintiffs in the above-captioned case shall be deemed to have withdrawn their appearances as counsel of record for the plaintiffs in this case; and     3.  Kenneth W. Smith, Miller & Associates, 809 Cameron Street, Alexandria, Viriginia 22314 and Edward A. Williamson and Fenton B. DeWeese, II, The Williamson Law Firm, 509 A. Church Avenue, Philadelphia, MS 39350 are hereby substituted as co-counsel for plaintiffs and their appearance on behalf of plaintiffs is hereby noted of record in this litigation.

10/20/03

3072

Re: Holli McCarra and Ramona Fleming v. Wyeth, Inc. (03-20161)

AND NOW, this 20th day of October, 2003, upon consideration of the Motion for substitution of Counsel for the Plaintiffs, it is hereby ORDERED that:

     1.  The motion of plaintiffs for substitution of counsel is GRANTED; and

     2.  Michelle LeGault and the law firm of Kellogg & Sigelman and all attorneys within the firm who have appeared as counsel for plaintiffs in the above-captioned case shall be deemed to have withdrawn their appearances as counsel of record for the plaintiffs in this case; and     3.  Kenneth W. Smith, Miller & Associates, 809 Cameron Street, Alexandria, Viriginia 22314 and Edward A. Williamson and Fenton B. DeWeese, II, The Williamson Law Firm, 509 A. Church Avenue, Philadelphia, MS 39350 are hereby substituted as co-counsel for plaintiffs and their appearance on behalf of plaintiffs is hereby noted of record in this litigation

10/20/03

3073

Re: Jeanette Johnson v. Wyeth, Inc. (03-20327)

     AND NOW, this 20th day of October, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiff Jeanette Johnson in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.  This stipulation disposes of the claims of the only plaintiff in the above listed action as against all named defendants - Wyeth (incorrectly denominated AWyeth, Inc.@ in the Complaint) and Dr. Roy Barnes.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

10/20/03

3074

Re: Sheila Brown v. AHP (99-20593) Claimant Ruth Hargrove     And now, this 20th day of October, 2003, upon consideration of the Stipulation between Claimant Ruth Hargrove and the AHP Settlement trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to show Cause regarding Claimant Ruth Hargrove is discontinued, and pretrial Order No. 3046, as it pertains to Claimant Ruth Hargrove, is vacated

10/20/03

3075

Re: Audrey Alexander (03-20206), Ida Haynes (03-20143), Ruth Higginbottom (03-20142), Thomas Jarrell (03-20144), Cynthia Kanode (03-20145), Linda Trisvan (03-20141), and Linda Wiggins (03-20122) v. Wyeth

     STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO PLAINTIFFS MOTION TO REMAND     It is hereby STIPULATED and AGREED by and between Class Members represented by McEachin Law Firm and Miller & Associates, and Defendant Wyeth, through their respective and undersigned counsel, that Wyeth shall have an extension of time up to and including October 21, 2003, to respond to plaintiffs Notice of Pending Motion to Remand filed for the above referenced cases on September 30, 2003.

10/20/03

3076

Re: Sheila Brown v. AHP (99-20593) Claimant Donna McCarty     And now, this 20th day of October, 2003, upon consideration of the Stipulation between Claimant Donna McCarty and the AHP Settlement trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Donna McCarty is discontinued, and Pretrial Order NO. 3046, as it pertains to Claimant Donna McCarty, is vacated.

10/20/03

3077

Re: Sheila Brown v. AHP (99-20593) Claimants Tahm Reed, Yolanda Marzett, Christina Wemette, Susn Campbell, Sue Keehn, Reva Taragan, Carol Goldstone, Diane Skerlak & Jennifer Crowell

     ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS...

10/20/03

3078

Re: All Actions     AND NOW, TO WITH, this 20th day of October, 2003, upon consideration of the Fourteenth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses Relating to Petitions for Awards of Attorneys= fees and Reimbursement of Litigation Expenses (07/01/03 through 08/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the Special Discovery Master shall be reimbursed out of the MDL 1203 Fee and Cost Account for disbursements and compensation for legal fees in the amount of $209.25 for the period from 07/01/03 through 08/31/03, in accordance with the procedure established by the Court.

10/20/03

3079

Re: All Actions     AND NOW, TO WIT, this 20th day of October, 2003, upon consideration of the Sixty-Fifth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (08/01/03 through 08/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the special Discovery Master for disbursements and compensation for legal fees in the amount of $33,470.86 for the period from 08/01/03 through 08/31/03, in accordance with the procedure established by the Court.

10/20/03

3080

Re: All Actions     AND NOW, TO WIT, this 20th day of October, 2003, upon consideration of the Thirty-Third Application by Special Master to AHP Settlement Trust for Interim Compensation and Reimbursement of expenses (08/01/03 through 08/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $63,671.58 for the period from 08/01/03 through 08/31/03, in accordance with the procedure established by the Court.

10/20/03

3081

Re: All Actions     AND NOW, TO WIT, this 20th day of October, 2003, upon consideration of the Seventeenth Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (08/01/03 through 08/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $12,781.38 for the period from 08/01/03 through 08/31/03, in accordance with the procedure established by the Court.

10/20/03

3082

Re: All Actions     AND NOW, TO WITH, this 20th day of October, 2003, upon consideration of the Thirty-Ninth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (08/01/03 through 08/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $13,829.58 for the period from 08/01/03 through 08/31/03, in accordance with the procedure established by the Court.

10/20/03

3083

Re: Harry Wakefield individually and as surviving parent of Larissa Wakefield v. AHP (02-20164)

     AND NOW TO WIT: this 20th day of October, 2002, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the court pursuant to Rule 41.1(b) of he Local Rules of Civil Procedure of this Court, it is hereby     ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs to all named Defendants

10/24/03

3084

Re: Conson and Thomas Nowak v. AHP (03-20013)

     AND NOW TO WIT: This 24th day of October, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby     ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants.

10/24/03

3085

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 24th day of October, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of certain class members to determine the inadequacy of representation of class members who suffer or will suffer from primary pulmonary hypertension of pulmonary hypertension is DENIED.

10/27/03

3086

Re: All Actions FILED UNDER SEAL     AND NOW, this 27th day of October, 2003, upon consideration of the Escrow Agent=s Thirteenth Petition for Release of Funds from the MDL 1203 Fee and Cost Account to Pay Refunds, submitted under seal, it is hereby ORDERED that said petition is granted and Pretrial Order No. 2086(A) shall be filed under seal.

10/28/03

3087

Re: All Cases FILED UNDER SEAL...

10/30/03

3088

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 30th day of October, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

10/30/03

3089

FILED UNDER SEAL...

10/30/03

3090

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 30th day of October, 2003, it is hereby ORDERED that a hearing on the following motions is scheduled for November 4, 2003 at 3:30 p.m. in Courtroom 16A of the United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania;

     1.  Wyeth=s Motion for an Injunction to Enforce the Nationwide Class Action Settlement Agreement as to Class Member Crystall Gatlin; and

     2.  Certain Class Members= Motion to Compel Compliance with Court Order 3047.     The Special Master=s office shall ensure that this order is posted on the MDL 1203 web site

10/30/03

3091

Re: Vicki L. McKelvy v. Wyeth (03-20516)     AND NOW, this 30th day of October, 2003, it is Ordered that the above case is dismissed for statistical purposed.  See MDL 03-20489.

10/30/03

3092

Re: Rayk Gutierrez v. Wyeth (03-20517)     AND NOW, this 30th day of October, 2003, it is ordered that the above case is dismissed for statistical purposes.  See MDL 03-20488.

11/04/03

3093

Re: All Actions FILED UNDER SEAL...

11/05/03

3094

Re: Ethyl Jean Sykes v. Wyeth (02-20200)

     AND NOW, this 5th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal rule of Civil Procedure 41 (a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. 

     This Order shall not diminish, abridge, prevent or otherwise affect any rights to which Plaintiff may be entitled pursuant to the Class Settlement.

     In the event that Plaintiff re-files any claim or action arising out of he use of Pondimin or Redux, Plaintiff shall re-file such claim or action in federal court only.     This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals.

11/05/03

3095

Re: Margene Wilson v. Wyeth (02-20201)

     AND NOW, this 5th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal rule of Civil Procedure 41 (a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. 

     This Order shall not diminish, abridge, prevent or otherwise affect any rights to which Plaintiff may be entitled pursuant to the Class Settlement.

     In the event that Plaintiff re-files any claim or action arising out of he use of Pondimin or Redux, Plaintiff shall re-file such claim or action in federal court only.     This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals.

11/05/03

3096

Re: Gayle Moore, Clara Tremaine and Sheila Lotsberg (03-20084)...

11/05/03

3097

Re: Ruth Higginbottom v. Wyeth (03-21042)     AND NOW, this 5th day of November, 2003, upon the motion of the plaintiff, it is hereby ORDERED that the defendant Eric Joel DeMaria, M.D. is hereby dismissed with prejudice.



11/05/03

  3098

Re: Roy Simmons (03-20319), Jimmie N, Pickering (03-20275), Paul Woodcock (03-20273), Anthony Watson (03-20296), Sarah Brooks (03-20318), David Pickering (03-20302), Trina Waters (03-20323), Jamie Woods (03-20272), Loretta Grant (03-20330), Joyce Allen (03-20310), Betty Ramshur (03-20333) v. Wyeth

     STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO PLAINTIFFS= MOTIONS TO REMAND

IT IS STIPULATED AND AGREED between Plaintiffs in the above-captioned actions and Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including October 30, 2003 to respond to Plaintiffs= Motion for Remand in each of the eleven above-captioned matters.     The requested extension of time is for less than thirty (30) days.

11/05/03

 3099

Re: Sheila Brown v. Wyeth (99-20593)     AND NOW, this 5th day of November, 2003, it is hereby ORDERED that the motion of certain class members; motion to compel compliance with the Court Order 3047 (Document No. 204276/448) is DENIED without prejudice.

11/05/03

3100

Re: Bonnie F. Gauthier v. AHP (02-20159)

     AND NOW, this 5th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed as to all named Defendants, with each party to bear its own costs and counsel fees.  This dismissal shall be with prejudice because Plaintiff Bonnie F. Gauthier fails to meet the definition of PPH in the Settlement Agreement.     This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth ad AHP Subsidiary Holding Corporation

11/07/03

3101

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 7th day of November, 2003, after a telephone conference with counsel, review of Wyeth=s motion for further injunction and for sanctions to enforce PTO 3088 against class member Linda Eichmiller and her counsel in the case of Eichmiller v. AHP No. 02-52077 (Fulton County, Georgia), and a representation by counsel for plaintiff that the exhibits set forth in the motion papers will not be introduced at trial, it is hereby ORDERED that the motion is DENIED as moot.

11/07/03

 3102

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 7th day of November, 2003, at 2:50pm, upon consideration of the AHP Settlement Trust=s Motion for a Temporary Restraining Order and Preliminary Injunction (the AMotion@), and any response thereto, the Court hereby finds as follows:...

11/12/03

  3103

Re: Sheila Brown v. AHP (99-20593) claimant - Estate of Gary Boland     The undersigned counsel for movants and the AHP Settlement Trust hereby stipulate and agree that the AHP Settlement Trust shall have through and until November 8, 2003, to file and serve its response to the Motion of Lynn Boland and Others as Personal Representatives of the Estate of Gary Boland to Compel the AHP Settlement Trust to Audit Matrix Level III, IV and V Claims on First Filed/First Audited Basis and for other relief.

11/12/03

  3104

Re: Patsy Parker v. Wyeth (03-20103)

     AND NOW, this 11th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.

     Notwithstanding the foregoing, this Order shall not affect any right to which Plaintiff may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth.

     In the event that Plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall present or plead her claim or action such that federal court only.     This Stipulation is filed on behalf of Plaintiff and Wyeth, the only Defendant who has appeared in the above-captioned matter.

11/12/03

 3105

Re: Sandra Lutz v. Wyeth (03-20112)

     AND NOW, this 11th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.

     Notwithstanding the foregoing, this Order shall not affect any right to which Plaintiff may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth.

     In the event that Plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall present or plead her claim or action such that federal court only.     This Stipulation is filed on behalf of Plaintiff and Wyeth, the only Defendant who has appeared in the above-captioned matter.

11/11/03

3106

Re: Sheila Bellefleur v. Wyeth (03-20102)

     AND NOW, this 11th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.

     Notwithstanding the foregoing, this Order shall not affect any right to which Plaintiff may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth.

     In the event that Plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall present or plead her claim or action such that federal court only.     This Stipulation is filed on behalf of Plaintiff and Wyeth and Wyeth Ayerst Pharmaceuticals Inc., the only Defendants in the case.

11/11/03

  3107

Re: Constance Scott v. AHP (00-20195)

     AND NOW, this 11th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.

     Notwithstanding the foregoing, this Order shall not affect any right to which Plaintiff may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth.

     In the event that Plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall present or plead her claim or action such that federal court only.     This Stipulation is filed on behalf of Plaintiff and Wyeth and Interneuron Pharmaceuticals, Inc., the only defendants who have appeared in the above-captioned case.

11/11/03

3108

Re: Sheila Brown v. AHP (99-20593) claimant - Sheila Magee     And now, this 11th day of November, 2003, upon consideration of the Stipulation between Claimant Sheila Magee and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to show cause regarding claimant Sheila Magee is discontinued, and Pretrial Order No. 2979, as it pertains to Claimant Sheila Magee, is Vacated

11/11/03

3109

Re: Pauline Berry v. Wyeth (03-20243)

     AND NOW, this 11th day of November, 2003, it is hereby stipulated between plaintiffs and defendants that the claims of the following plaintiffs should be dismissed without prejudice as against all defendants: Jackie Barnett, Doris Blake, David Blake, Sharon Buske, Walter Buske, Jackie French, James French, Shirley Jackson, Ruby Elizabeth Langston, William Langston, Frances McCarty, Bobby McCarty, Mary Mosco, Shirley Perry, Arthur Perry, Debbie Pittman, Maurice Pittman, and Gloria Tisdell (the ADismissed Plaintiffs@).  Further, it is hereby stipulated that the Dismissed Plaintiffs retain the right to seek whatever benefits to which they believe they may be entitled within the Diet Drug National Class Action Settlement Agreement with AHP now known as Wyeth.

11/12/03

 3110

Re: Sheila Brown, Sharon Gaddie, Vivian Naugle, Quintin Layer, and Joby Jackson-Reid v. AHP (99-20593)     Pursuant to Pretrial Order No, 3047, the Court permitted certain class members to depose the witness(es) of the AHP Settlement Trust (the ATrust@) with the most knowledge of the topics identified in their deposition notice pursuant to federal rule of civil procedure 30(b)(6), dated September 12, 2003, by October 13, 2003.  It is hereby STIPULATED and AGREED between the trust and certain class members represented by Baron & Budd, through their respective undersigned counsel, that the certain class members are granted an extension of time through and until October 28, 2003 to take the deposition pursuant to this notice.  This is the second extension of time regarding this deposition.

11/11/03

3111

Re: Juan Hernandez v. AHP (03-20197)

     AND NOW, this 11th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to federal rule of civil procedure 41(a)(1)(ii), that the complaint in the above-captioned case is hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.

     This stipulation is filed on behalf of plaintiff and defendants wyeth and ahp subsidiary holding corporation, who have answered.     This stipulation does not affect any rights that plaintiff may have under the nationwide class action settlement agreement for diet drugs.  Notwithstanding the foregoing, plaintiff knowingly waives all opt-out rights of any kind provided by the settlement agreement, available to him in the past, at present, or at any time in the future.

11/11/03

  3112

Re: Linda Wiggins v. Wyeth (03-20122)

     AND NOW, this 11th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to federal rule of civil procedure 41(a)(1)(ii), that the complaint in the above-captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.

     In the event that plaintiff re-files any claim or action, whatsoever, arising out of the use of Pondimin or Redux, plaintiff agrees to re-file in, and shall only re-file in, the United States District Court for the District in which plaintiff resides.     This stipulation is filed on behalf of plaintiff and all defendants who have appeared in the above-captioned matter, those being wyeth, wyeth pharmaceuticals, indevus, and james c. larocque, m.d

11/11/03

  3113

Re Sheila Brown, Sharon Gaddie, Vivian Naugle, quintin Layer and Joby Jackson-Reid v. AHP (99-20593)

     Pursuant to Pretrial Order No. 3013, Claimant Heidi Hull and her derivative Claimants (AClaimants@), claim No. 183/00 1543909, served an appellate brief on the AHP Settlement Trust via certified mail on October 15, 2003, and filed the appellate brief in this Court on October 16, 2003.  Counsel for the Trust did not receive a copy of claimants= appellate brief until October 21, 2003.  It is hereby STIPULATED and AGREED between the trust and Claimants, through their respective undersigned counsel, that the Trust is granted an extension of time through and until November 11, 2003 to file a serve a responsive brief.     This is the first extension of time regarding this appeal

11/11/03

  3114

Re Sheila Brown, Sharon Gaddie, Vivian Naugle, quintin Layer and Joby Jackson-Reid v. AHP (99-20593)

     Pursuant to Pretrial Order No. 3013, Claimant Dawn Garner-Cottrell and her derivative Claimants (AClaimants@), claim No. 183/00 2502888, served an appellate brief on the AHP Settlement Trust via certified mail on October 15, 2003, and filed the appellate brief in this Court on October 16, 2003.  Counsel for the Trust did not receive a copy of claimants= appellate brief until October 21, 2003.  It is hereby STIPULATED and AGREED between the trust and Claimants, through their respective undersigned counsel, that the Trust is granted an extension of time through and until November 11, 2003 to file a serve a responsive brief.     This is the first extension of time regarding this appeal

11/11/03

  3115

Re: All Actions     AND NOW, TO WIT, this 11th day of November, 2003, upon consideration of the Fortieth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (09/01/03 through 09/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $47,408.97 for the period from 09/01/03 through 09/30/03, in accordance with the procedure established by the Court

11/11/03

  3116

Re: All Actions     AND NOW, TO WIT, this 11th day of November, 2003, upon consideration of the Thirty-Fourth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (09/01/03 through 09/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $74,365.57 for the period from 09/01/03 through 09/30/03, in accordance with the procedure established by the Court.

11/11/03

  3117

Re: All Actions     AND NOW, TO WIT, this 11th day of November, 2003, upon consideration of the Eighteenth Application by Special Master for Interim Compensation and Reimbursement of Expenses relating to Pretrial Order No. 2383 (09/01/03 through 09/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $9,023.41 for the period from 09/01/03 through 09/30/03, in accordance with the procedure established by the Court.

11/12/03

  3118

Re: Lauren Levin and David Levine v. AHP (03-20167)

     AND NOW, this 12th day of November 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(ii), that the claims in the Complaint in the above-captioned matter are hereby DISMISSED WITHOUT PREJUDICE as to all remaining defendants with each party to bear its own costs and counsel fees.

     In the event that Plaintiffs re-file any claim or action arising out of the use of Pondimin or Redux, Plaintiffs shall refile such claim or action in federal court only.     This stipulation is filed on behalf of all remaining defendants who have appeared in the above-captioned matter, those being Wyeth and AHP Subsidiary Holding Corporation, and does 1 to 100, inclusive, against whom the claims in the complaint shall be dismissed in their entirety by the court=s approval of this stipulation.

11/12/03

  3119

Re: Brinda Jones v. Wyeth (03-20250)

     AGREED ORDER OF DISMISSAL OF DR. AJAY ACHARYA, M.D. WITH PREJUDICE

     THIS CAUSE is before the Court on the motion of the plaintiffs, by and through counsel, to dismiss the United States of America and Dr. Ajay Acharya, M.D. form this case with prejudice.  The Court, having been advised that the plaintiff is voluntarily dismissing Dr. Ajay Acharya, M.D. with prejudice and noting the agreement of the United States and Dr. Acharya finds that the motion should be granted.

     IT IS THEREFORE ORDERED that Dr. Ajay Acharya are hereby dismissed from this case with prejudice.     SO ORDERED, this the 12th day of November, 2003

11/12/03

 3120

Re: All Actions     AND NOW, TO WIT, this 12th day of November, 2003, upon consideration of the Sixty-Sixth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (09/01/03 through 09/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $71,313.35 for the period from 09/01/03 through 09/30/03, in accordance with the procedure established by the court.

11/13/03

  3121

Re: Randy Bringhurst and Becky Shaw v. Wyeth (03-20071)

     AND NOW, this 13th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal rule of Civil Procedure 41(a)(1)(ii), that all claims of plaintiff Becky Shaw in the above-captioned case are hereby dismissed without prejudice as to all defendants, with each party to bear its own costs and counsel fees.

     In the event that plaintiff Becky Shaw re-files any claim or action arising out of the use of Pondimin or Redux, plaintiff shall re-file such claim or action in federal court only.     This stipulation is filed on behalf of plaintiff Becky Shaw and all defendants who have appeared in the above-captioned matter.

11/13/03

 3122

Re: Barbie Slade v. Wyeth, Pacita R. Coss, M.D. (03-20276)

     On motion ore tenus of plaintiff, Sharon Ramey, and the court being advised that there is no objection to the same, it is therefore     ORDERED AND ADJUDGED that defendant, Pacit R. Coss, M.D., is hereby dismissed with prejudice.  This dismissal does not affect Sharon Ramey=s claims against any other defendant.  The Court further finds there is no reason for any delay in the entry of this Order.

11/13/03

 3123

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 13th day of November, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:...

11/14/03

 3124

Re: Sheila Brown v. AHP (99-20593)

     Pursuant to Federal Rule of Civil Procedure 65(b) and Rule 7.4(b) of the Local Rules of Civil Procedure, the parties agree to extend the Temporary Restraining Order entered by the Court on November 7, 2003 up to and including November 24, 2003.     The parties agree further that the November 14, 2003 preliminary injunction hearing is scheduled for November 24, 2003 at 9:00 a.m.

11/14/03

 3125

Re: Julias l. Anderson and James C. Johnson v. Wyeth, Dr. James Cady, Jr., Dr. David A. Makey, Dr. James C. Matthews, Dr. Ray Myatt, et al. (03-20361)

     THIS CAUSE coming on to be heard, the Joint Motion ore tenus, of the Plaintiff, Crystal Smylie, and of the Defendant, Dr. David Makey, through counsel, who have moved the Court to dismiss this case with prejudice as to the Defendant, Dr. David Makey, and noting the mutual agreement of counsel for the abovementioned Plaintiff, Crystal Smylie, and for the Defendant, Dr. David Makey, and the Court being fully advised of the premises, finds that the motion is well taken and should be granted.     IT IS THEREFORE, ORDERED AND ADJUDGED that the Defendant, Dr. David Makey, should be and hereby is dismissed with prejudice with this action to continue on the docket as to the remaining Defendants.    

11/14/03

  3126

Re: V. Magee v. Wyeth (03-20359)

          AND NOW, this 14th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiff Connie M. Tillman in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.  This dismissal shall not affect any of the rights that plaintiff Connie M. Tillman may have under the Accelerated Implementation Option of the Nationwide Class Action Settlement of the litigation against Wyeth relating to the diet drugs Pondimin and Redux.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

11/14/03

 3127

Re: Julia L. Anderson and James C. Johnson v. Wyeth, Dr. James Cady, Jr., Dr. David A. Makey, Dr. James C. Matthews, Dr. Ray Myatt (03-20361)

     THIS CAUSE coming to be heard, the Joint Motion ore tenus, of the Plaintiff Sheila Moreland, and of the Defendant, Dr. Ray Myatt, through counsel, who have moved the Court to dismiss this case with prejudice as to the Defendant, Dr. Ray Myatt, and noting the mutual agreement of counsel for the abovementioned Plaintiff, Sheila Moreland, and for the Defendant, Dr. Ray Myatt, and the Court being fully advised of the premises, finds that the motion is well taken and should be granted.

     IT IS THEREFORE, ORDERED AND ADJUDGED that the Defendant, Dr. Ray Myatt, should be and hereby is dismissed with prejudice with this action to continue on the docket as to the remaining Defendants.     SO ORDERED AND ADJUDGED this the 14th day of November, 2003.

11/14/03

  3128

Re: All Actions FILED UNDER SEAL    

11/14/03

  3129

Re: All Actions FILED UNDER SEAL...

11/18/03

  3130

Re: Annette Kerr v. AHP (03-20014)

     AND NOW, this 18th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Bonnie Malone hereby dismisses with prejudice as to the defendants Wyet, Ed R. Stewart, D.O., Mona Motz, M.D., and Pamela Hiti, D.O., with each party to bear its own costs and counsel fees.  This dismissal is without prejudice to any rights of plaintiff Bonnie Malone may accrue under the Nationwide Class Action Settlement, or any amendment thereto.     This Stipulation is filed on behalf of plaintiff Bonnie Malone and defendants Wyeth, Ed. R. Stewart, D.O., and Mona Motz, M.D., who have appeared in the above-captioned matter.

11/18/03

  3131

Re: Sheila Brown v. AHP (99-20593)     IT IS STIPULATED AND AGREED between the AMalley Eligible Fund A Clients@ and the AHP Settlement Trust (the ATrust@), through their respective and undersigned counsel, that the Trust shall have an extension of time up to an including December 10, 2003 to respond to the Motion for Approval and Implementation of an Additional Extension of Deadlines for the fund A Echocardiogram Screening Program for Malley Eligible Fund A Clients.

11/18/03

 3132

Re: Janet L. Clemons, Cynthia G. Sellers, Susn A. Sanders v. Dr. Bruce A. Darrow, Dr. Pamela Hiti, Dr. Morris Curry, AHP (03-20016)     AND NOW, this 18th day of November, 2003, it is hereby stipulated, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the petition and claims of Plaintiffs Susan A. Sanders and Janet L. Clemons (APlaintiffs@) in the above-captioned case are hereby dismissed with prejudice as to plaintiffs intermediate opt out or back end opt out rights as to all named defendants, with all parties to bear their own costs and counsel fees.  This dismissal is without prejudice to any other rights plaintiffs may accrue the Nationwide Class Action Settlement or any amendments theretor

11/20/03

  3133

Re: Sheila Brown v. AHP (99-20593) Gloria Oster, Estate of William Woodward, Vaughn Brotton, James McGhee, Beverly Walls, Tina Mashburn, Lou Jeanne Lefler, Anne A. Kildron, Juliann Jennings and Katherine Jahns

     The Court has received Applications for Issuance of Orders to Show Cause (AApplications@) filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants.  Accordingly, pursuant to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in the Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted.     It is further ORDERED that these matters are referred to the Special Master for further proceedings.  The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its applications, including:   (1) detailed statements of the Case, as described in Section VI.C. of the Audit Procedures; (2) Attestation Forms completed by Auditing Cardiologists for these claims: (3) Auditing Cardiologists= Worksheets; (4) any and all other materials submitted to and/or completed by Auditing Cardiologists; and (5) the Audit files.

11/19/03

  3134

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 13th day of November, 2003, for the reasons set forth in the accompanying Pretrial Order No. 3123, it is hereby ORDERED that:..

11/20/03

  3135

Re: Rosella Goldsmith v. Wyeth (03-20531)     AND NOW, this 20th day of November, 2003, it is Ordered that the above case is dismissed for statistical purposes.  See MDL 03-20426.

11/21/03

  3136

Re: Annette Kerr v. AHP, and Wyeth (03-20014)

     AND NOW, this 21st day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Marva Beavers hereby dismisses with prejudice as to the defendants Wyeth, Ed. R. Stewart, D.O., Mona Motz, M.D., and Pamela Hiti, D.O., with each party to bear its own costs and counsel fees.  This dismissal is without prejudice to any rights plaintiff Marva Beavers may accrue under the Nationwide Class Action Settlement, or any amendment thereto.

     This Stipulation is filed on behalf of plaintiff Marva Beavers and defendants Wyeth, Ed R. Stewart, D.O., and Mona Motz, M.D., who have appeared in the above captioned matter.

11/21/03

 3137

Re: Julius L. Anderson v. Wyeth (03-196)

     THIS CAUSE came to be heard upon the ore tenus motion of the separate Plaintiff, Freida R. Gilmer, who moves this Court to dismiss with prejudice their claims against the separate Defendant, David Richardson, M.D., and the Court, having considered the motion, noting the agreement of counsel for Freida R. Gilmer and David Richardson, M.D. and being otherwise fully advised in the premises, finds that the motion is well taken and should be granted.     IT IS THEREFORE, ORDERED AND ADJUDGED that the complaint and all claims filed therin by the separate Plaintiff, Freida R. Gilmer, against the separate Defendant, David Richardson, M.d., shall be and hereby are dismissed with prejudice.  The Clerk is directed to enter a final judgment as to David Richardson, M.D., pursuant to FED.R.CIV.P. 54(b), there being no just reason for the delay.

11/24/03

 3138

Re: Berthene Washington v. AHP (03-20233)

     AND NOW, this 24th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Faye W. Davis in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

11/25/03

 3139

Re: Richard Lamison v. Wyeth (03-20245)

     AND NOW, this 25th day of November, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(ii) that all claims of plaintiff Carol Ann Cheek in the above-captioned matter are hereby dismissed without prejudice. 

     This stipulation of the undersigned parties is subject to the following condition:

     1.  Except as otherwise provided herein, plaintiff can name only Wyeth as a defendant in any subsequent action relating to plaintiff=s ingestion of diet drugs.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

11/25/03

  3140

Re: All Actions - filed under seal    

11/26/03

 3141

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 26th day of November, 2003, it is hereby ORDERED that the motion of class members Randy Hague, Saundre J. Schaad, Nicholas F. Arace, and Lisa Lenee Bratton for an extension of time in which to file notice of appeal from Pretrial Order No. 2622 (Document No. 203774) is DENIED.  Excusable neglect has not been shown.

12/01/03

  3142

Re: Gale and Dominick Isola v. AHP (99-20231)

     AND NOW, this 1st day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.

     Notwithstanding the foregoing, this Order shall not affect any remaining right(s) to which plaintiff may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth.     This Stipulation is filed on behalf of all parties who have appeared in the above-captioned matter.

12/01/03

  3143

Re: Sheila Brown v. AHP (99-20593)     IT IS STIPULATED AND AGREED between the AHP Settlement Trust (the ATrust@), and Elliot Palay, claimant, that the AHP Settlement Trust shall have an extension of time through and until December 1, 2003, to file its brief for appellee in connection with the appeal from arbitration of Elliot Palay.

12/01/03

  3144

Re: All Actions     AND NOW, TO WIT, this 1st day of December, 2003, upon consideration of the Sixty-Seventh Application by Special Discovery Master for interim compensation and reimbursement of expenses (10/01/03 through 10/31/03), IT IS HEREBY ORDERED that the application is hereby GRANTED and it is directed that the parties reimburse the special discovery master for disbursements and compensation for legal fees in the amount of $76,886.97 for the period from 10/01/03 through 10/31/03, in accordance with the procedure established by the Court.

12/01/03

 3145

Re: All Actions     AND NOW, TO WIT, this 1st day of December, 2003, upon consideration of the Forty-First Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (10/01/03 through 10/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for the period from 10/01/03 through 10/31/03, in accordance with the procedure established by the Court

12/01/03

  3146

Re: All Actions     AND NOW, TO WIT, this 1st day of December, 2003, upon consideration of the Thirty-Fifth Application by Special Master to the AHP Settlement trust for Interim Compensation and Reimbursement of Expenses (10/01/03 through 10/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $92,801.76 for the period from 10/01/03 through 10/31/03, in accordance with the procedure established by the court.



12/01/03

  3147

Re: All Actions     AND NOW, TO WIT, this 1st day of December, 2003, upon consideration of the nineteenth application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (10/01/03 through 10/31/03), IT IS HEREBY ORDERED that the application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $9,677.77 for the period from 10/01/03 through 10/31/03, in accordance with the procedure established by the Court

12/03/03

  3148

Re: Sheila Brown v. AHP (99-20593) Claimants: Connie Brock, Wanda Braswell, Muriel T. Demer, Christine Pulido, Betty J. Taylor, Donna Miller, Stacia Wood, Susan Frandsen, cindy Laughter, Robert Rowe, Jennifer Williams...

12/23/03

  3149

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 2nd day of December, 2003, it is hereby ORDERED that the motion for leave to seek limited discovery regarding Trust=s actual basis for issuing medical practices questionnaires to five specific doctors (document no. 204235) is DENIED.

12/02/03

  3150

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 2nd day of December, 2003, it is hereby ORDERED that the motion of claimant Burnette Francino to compel the AHP Settlement Trust to pay matrix benefits upon the trust auditor=s findings (Document #432) is DENIED without prejudice.  Movant has failed to comply with the procedures set forth in Pretrial Order no. 2807.

12/02/03

  3151

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 2nd day of December, 2003, it is hereby ORDERED that the motion of claimant Elizabeth Johnson to compel the AHP Settlement Trust to pay her matrix benefits (document no. 472) is DENIED without prejudice.  Movant has failed to comply with the procedures set forth in Pretrial Order No. 2807.

12/03/03

  3152

Re: Sheila Brown v. AHP (99-20593)

     STIPULATED ORDER FOR PRELIMINARY INJUNCTIVE RELIEF     Based on the facts alleged in the AHP Settlement Trust=s Motion for a Temporary Restraining Order and Preliminary Injunction (the AMotion@), including the Affidavit of Ricardo J. Zayas, emails from Donna Dicken, and other information contained in the Motion, the parties agree that the AHP Settlement Trust (the ATrust@) has demonstrated the following...

12/03/03

  3153

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 3rd day of December, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of Wyeth to enforce the Settlement Agreement and Pretrial Order No. 1415 against class member Estelle Scheir (Doc. No. 203557) by compelling Ms. Scheier to dismiss her state court lawsuit is GRANTED; and     2.  Estelle Scheier shall dismiss with prejudice and without costs, within 30 days of this Order, her lawsuit captioned Estelle Scheier v. Wyeth, No. 02-04525AF, pending in the Circuit Court of the Fifteenth Judicial district in and for Palm Beach County, Florida.

12/03/03

  3154

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 3rd day of December, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motions of Leslie Alexander (Doc. # 203518), Gloria Demarino (Doc. #203512), Art Dutiel (Doc. No. 203513), Grace Fagone (Doc. #203514), Frances Fenek (Doc. #203515), Susan Hutchings (Doc. #203516), Linda Klimaszewski (Doc. #203517), Mary Riggs as administratrix of the Estate of Vickie Williams (Doc. #203509), Talana VonNeumann (Doc. #203508), and Robin Williford (Doc. #203510) are DENIED;

     2.  The motion of Michael Collins (Doc. #203511) is DENIED as moot; and     3.  The plaintiffs Leslie Alexander, Gloria DeMarino, Art Dutiel, Grace Fagone, Frances Fenek, Susan Hutchings, Linda Klimaszewski, Mary Riggs as administratirx o the Estate of Vickie Williams, Talan vonNeumann, and Robin Williford shall within thirty days of the date of this order dismis with prejudice and without costs their actions.

12/04/03

  3155

Re: Julie K. Woffinden v. Wyeth (03-20367)

     AND NOW, this 4th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees. 

     This Order shall not diminish, abridge, prevent or otherwise affect any rights to which plaintiff may be entitled pursuant to the Class Settlement.

     In the event that plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, plaintiff shall re-file such claim or action in federal court only.     This Stipulation is filed on behalf of plaintiff and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals.

12/03/03

  3156

Re: Annie Lee Satcher v. AHP (03-20005)

     AND NOW, this 3rd day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(ii) that the claims of plaintiffs listed in Exhibit A hereto in the complaint in the above-captioned matter are hereby dismissed without prejudice as to all named defendants.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

12/03/03

  3157

Re: Maxine McDonald v. AHP (03-20159)

AND NOW, this 3rd day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(ii) that the claims of plaintiffs listed in Exhibit A hereto in the complaint in the above-captioned matter are hereby dismissed without prejudice as to all named defendants.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

12/03/03

  3158

Re: Cynthia Howard v. AHP (02-20245)

AND NOW, this 3rd day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(ii) that the claims of plaintiffs Peggy Lauderdale and Max Lauderdale in the above-captioned matter are hereby dismissed without prejudice as to all named defendants.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

12/05/03

  3159

Re: Karen Alcauter v. Wyeth and AHP (03-20224O

     And now, this 5th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed as follows:

     1.  That, given the recent death of Karen Alcauter, all personal injury claims brought by plaintiff in this action are hereby dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees; and

     2.  That such dismissal is without prejudice as to any potential future claims of wrongful death relative to decedent, Karen Alcauter.     This Stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant

12/05/03

  3160

Re: Lisa Smith, Aimee Davis, Lindsey Pinder, Nancy Lee Kibler, Patti Zaborac, Mary Wyett Lyons, Gwendolyn Averhard, Ella Ballard, Toni Bell Andrea Bondeson, Joshua Bondeson, Pearlie Boyd, Sommer Brown, Renee Corda, Felicia Dumas, Michelle James, Ann Mason, Gloria McQueen, Gail Ogletree, Marybeth Phillips, Alma Stephenson, Cynthia j. Tolbert, Claire Irene Tucker, Vera A. Turner, Jacqueline L. Vickers, Patricia Anne Wellington, Alan Axelroth, Annie B. Cook, Sharon D. Gray, Cathe Green, Lora H. Harris, Jessie P. Ledlow, Deborah A. Lightfoot, Angela Pridemore, Gennifer Smith and John S. Welzyn

     AND NOW TO WIT: This 5th day of December, 2003, it having been reported that the issues between the parties have been settled with respect to all of the plaintiffs on the attached Exhibit A, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby     ORDERED that, pursuant to agreement of counsel, all claims of all plaintiffs on the attached Exhibit A are DISMISSED with prejudice and without costs as to all named Defendants.  Notwithstanding the foregoing, this Order shall not affect any rights to which the plaintiffs in the listed civil actions may be entitled pursuant to the Settlement Agreement.

12/05/03

  3161

Re: Anita Hale v. AHP (02-20212)     AND NOW, this 5th day of December, 2003, it is ORDERED that Pretrial Order Nos. 2967, 2968, and 2969, in which various plaintiffs= claims were dismissed, are vacated.  These dismissals were entered on the incorrect docket.

12/05/03

  3162

Re: Laury Anderson v. A.H. Robins Company, Inc.; Wyeth-Ayerst Laboratories (03-20074)

     Pursuant to Rule 41 of the Federal Rules of Civil Procedure, the parties agree that the Complaint filed on behalf of Laury Anderson shall be dismissed.

     As provided in Section VIII.C.5 of the Nationwide Class Action Settlement Agreement, as amended, in the proceedings known as In Re Diet Drugs Products Liability Litigation, MDL Docket No. 1203 (E.D.Pa) dated November 18, 1999 (AClass Settlement@), this dismissal is with prejudice with respect to all claims against Wyeth, Wyeth Pharmaceuticals, and AReleased Parties,@ as those terms are defined in Sections I.5,48 of the Class Settlement; provided, however, that this Order shall not diminish, abridge, prevent or otherwise affect any rights to which plaintiff may be entitled pursuant to the Class Settlement, including any opt-out rights (as provided in Sections IV.D.3-4 of the Class Settlement).

     This dismissal is without prejudice with respect to any defendant that does not fall within the definition of AReleased Parties.@ as that term is defined in Section I.48 of the Class Settlement, provided, however, that this Order shall not diminish, abridge, prevent, or otherwise affect any rights to which plaintiff may be entitled pursuant to the Class Settlement, including opt-out rights (as provided in Section IV.D.3-4 of the Class Settlement).     Based on the foregoing, the parties respectfully request the Court enter the order dismissing the Complaint of Laury Anderson.

12/05/03

  3163

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 5th day of December, 2003, it is hereby ORDERED that Report and Recommendation No. 3 of the Special Master (as to Motions to Enforce Paragraph 7 of Pretrial Order No. 1415) is denied as moot.  The claims that were the subject of the Report and Recommendation No. 3 were voluntarily dismissed in Pretrial Order No. 2939.

12/05/03

  3164

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 5th day of December, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of claimants to remove auditors Craig Oliner, M.D. and Donna Zwas, M.D. from the AHP Settlement Trust (Doc. #210) is DENIED;

     2.  The motion of claimants to require all audits be completed by Craig Oliner, M.D. and Donna Zwas, M.D. to be reaudited (Doc. #210) is DENIED;

     3.  The motion of claimants to remove John Gottdiener, M.D. as an auditor from the AHP Settlement Trust (Doc. #210) is DENIED as moot;

     4.  The motion to require all audits completed by John Gottdiener, M.D., to be reaudited (Doc. #210) is GRANTED in parte and DENIED in part;     5.  The AHP Settlement Trust shall promptly give notice to all class members whose claims were audited by Dr. Gottdiener (with the exception of any claim of John Rodriguez) that he has been disqualified as an auditing cardiologist.  Each such class member (except for John Rodriguez) shall be given an opportunity to have his or her claim reaudited by an independent auditing cardiologist.  Any such election by a class member for a reaudit must be made in writing within thirty days after notice is sent by the AHP Settlement Trust.  The election must be signed and dated by the class member, or in the case of a deceased class member, by his or her personal representative.  Any such reaudits shall be expedited.

12/05/03

  3165

Re: All Actions     AND NOW December 5, 2003, upon consideration of the PMC=s Motion for Release and Use of Funds from the MDL 1203 Fee and Cost Account, established by Gregory Miller, Esquire, Escrow Agent, it is hereby ORDERED and DECREED that said Motion is GRANTED and Gregory Miller, Esquire, is directed to make payment on invoices totaling Eighty-Seven Thousand Five Hundred Fifteen and Fifty-Three Cents ($87,515.53) to the PMC Fen-Phen Litigation Account.

12/08/03

  3166

Re: Dawn Serina, Nicholas Serina, Robert Serina, Lani Lee Fotheringham, Michelle Vezza, Minerva Hunphrey, Contance R. Franzoni, James Fanzoni, Barbra Ann Szentmiklosky, Harold Levinson, Chirs Ingraham, Mary Ann Subjinski, Charita Voltaire, Rebecca M. Fevrier, Doris Bell, Mary B. Evans, Rachel Larmond, Barbara S. Harris, Ann Rosalind Wheeler, Jean Marie Braswell, Wendy Rae Hymson, Margaret Watts, Janet A. Watson, Peggy Jean Russell, Casaundra Sanders, Patricia Bethune, Theresa A. Ford, Gretta R. Shaffer, Laurie a. Kelly, Sarah A. Goldman, Nellie mith Guiliano, Ronnie L. Lewis, Lynn S. Allen, Tara Jean Llambes., Ellen Ann Torre, Rene O. Hamel, Althea Y. Floyd, Constance Royal Scott, brenda Genrty, Yvette Gonzalez, Darlene Ishamel, Yolonda Thompson, Shareen McDowell, Sharndra Smith, Lanette Tamara Israel, Margaret Carter v. AHP ...

12/08/03

  3167

Re: Constance Kight v. Wyeth (03-20201)

     AND NOW, this 8th day of December, 2003, upon consideration of Wyeth=s Unopposed Motion for Leave to File Out of Time an Opposition to Plaintiffs= Motion to Remand, it is ORDERED that the motion is GRANTED.     IT IS FURTHER ORDERED that Wyeth=s opposition papers to plaintiffs= motion to remand filed simultaneously with this unopposed Motion - 1.  Memorandum of Authorities in Support of the Repsonse of Wyeth to Plaintiffs= Motion to Remand; 2.  Appendix of Exhibits; 3.  Appendix of Certain Unreported Cases in Support of wyeth=s Opposition to Remand; and 4.  Declaration of Edward T. Arnold shall be docketed in this action as of the date of this Pretrial Order

12/08/03

  3168

Re: Katie R. Murray v. Wyeth (03-20220)

     AND NOW, this 8th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiffs Katie R. Murray and Janet Thrash in the above-captioned case are hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.  The parties agree that, if Janet Thrash=s claim is re-filed, no new parties will be added.  Plaintiff Katie R. Murray reserves the right to name the correct prescriber in a new suit.  This action will proceed as to the claims of the remaining plaintiff, Rebecca Meades, against defendants Wyeth (incorrectly denominated AWyeth, Inc.@ in the Complaint) and Professional Weight Loss Center.     Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), all parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record

12/08/03

  3169

Re: Sheila Brown v. AHP (99-20593)     IT IS STIPULATED AND AGREED between Claimants included in the Motion to Reinstate Blue Forms and the AHP Settlement Trust (the ATrust@), through their respective and undersigned counsel, that the Trust shall have an extension of time up to and including December 10, 2003 to respond to the Motion to Reinstate Blue Forms.

12/08/03

  3170

Re: Avis Kearney, Cynthia Burt, Barnard Grier, Sharon Vanderwerkern, Eugene Browning, Anna Tate, Gldays Naves, Marilyn M. McGhee, Melba Gilbert & Leeann Steers v. Wyeth

     AND NOW, this 8th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED, and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaints in the above captioned cases are hereby dismissed without prejudice as to all the named Defendants, with each party to bear its own costs and counsel fees.     The voluntary dismissals of the defendants are conditioned upon the following...

12/08/03

  3171

Re: Jeanne Clarson v. Mark Douglas Francis, M.D., Randall=s Food Markets Inc., d/b/a Randall=s Pharmacy, and Albertson=s Inc. (03-20116)

     AND NOW, this 8th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the above-captioned case is hereby dismissed without prejudice as to all defendants, with each party to bear its own costs and counsel fees.

     In the event that Plaintiff re-files any claim or action against Randall=s and Albertson=s arising out of the use of Pondimin or Redux, Plaintiff shall re-file such claim or action in federal court only, and Plaintiff shall name no new defendants in that federal action.  This stipulation shall not prevent plaintiff from filing suit in state or federal court against non-pharmacy defendants.     This stipulation is filed on behalf of plaintiff Jeanne Clarson and all Defendants named by Plaintiff who have appeared in the above-captioned matter.

12/08/03

  3172

Re: Sheila Brown v. AHP (99-20593)     IT IS STIPULATED AND AGREED between Claimants included in the Motion to Reinstate Blue Forms and the AHP Settlement Trust (the ATrust@), through their respective and undersigned counsel, that the Trust shall have an extension of time up to and including December 10, 2003 to respond to the motion to reinstate blue forms.

12/08/03

  3173

Re: Sheila Brown v. AHP (99-20593)

     It is hereby STIPULATED and AGREED by and between Class Members represented by Braddock Law Firm, PLLC and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an opportunity until December 3, 2003 to respond to the Motion to Reinstate Blue Forms, filed by the Braddock Law Firm on October 31, 2003.     This extension is for a period of less than thirty (30) days.  No prior extension has been requested or given in this matter.

12/08/03

  3174

Re: Regina Jones McMullen v. Wyeth (03-20235)

     AND NOW, this 12th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiffs Anita L. Peterson and Mr. Peterson in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.  This dismissal shall not affect any of the rights of plaintiff Anita L. Peterson may have under the Accelerated Implementation Option of the Nationwide Class Action Settlement of the litigation against Wyeth relating to the diet drugs Pondimin and Redux.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal thought the undersigned counsel of record.

12/12/03

  3175

Re: Rebecca Hudson, Sherry Breland and Veronica Denise McSwain v. AHP (03-20121)

     AND NOW, this 12th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of Plaintiffs Rebecca Hudson and Sherry Breland in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.  Plaintiff Veronica Denise McSwain voluntarily dismissed her claims without prejudice on November 11, 2002.  This stipulation disposes of the claims of all the plaintiffs in the above listed action as against all named defendants who are listed as follows: Wyeth f/k/a AHP, Wyeth Pharmaceuticals, A.H. Robins, Indevus, Interneuron, Wal-Mart Pharmacy, Joe Michael Robertson, Lilla Hoda, Dorothy Gillespie, A. Keith Lay, Jr. and Lester F. Martin, M.D.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

12/12/03

  3176

Re: Regina Jones McMullen v. Wyeth (03-20235)

     AND NOW, this 12th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiff Robert Wayne Raney in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

12/12/03

  3177

Re: Norma Montebaro, Dorothy Brense, Carolyn reinhardt, Sandra Gail Restivo, Sandra Garrett, Ronnie Beth Smith, constance Maria Lindberg, Antoine Laclaire Lebrun, Wendy M. Ricketts, Bambi Decarlo, Ethel M. Carter, Gloria Jean Wilson, Iris Hardman, Theresa Curbelo, Phillip Carl Hubbard, Wendy M. Maharaj, Paula L. Pippens and Barbara Ann Bray

     AND NOW TO WIT: This 12th day of December, 2003, it having been reported that the issues between the parties have been settled with respect to all of the plaintiffs on the attached Exhibit A, and upon Order of the Court, pursuant to Rule 41.1(b) of the local Rules of Civil Procedure of this Court, it is hereby     ORDERED that, pursuant to agreement of counsel, all claims of all plaintiffs on the attached Exhibit A are DISMISSED with prejudice and without costs as to all named Defendants.  Notwithstanding the foregoing, this Order shall not affect any rights to which the plaintiffs in the listed civil actions may be entitled pursuant to the Settlement Agreement.

12/15/03

  3178

Re: Kathy Ashby, Diana Bettino, Beverly Despain, Penny Elmer, Kathryn Evett, Terri George, Doris Howe, Peggy Hunsaker, Deborah Johnson, Denise London, Margaret Martinez, Connie Mason, Diane Miller, Linda Pitelli, Darlene Ridgeway, Teresa Sackett, Nancy Simpson, Patti Young v. Wyeth (02-20166)

     AND NOW, this 15th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that all claims of plaintiff Kathryn Evett in the above-captioned case are hereby dismissed without prejudice as to all defendants, with each party to bear its own costs and counsel fees.

     In the event that plaintiff Kathryn Evett re-files any claim or action arising out of the use of Pondimin or Redux, plaintiff shall re-file such claim or action in federal court only.     This stipulation is filed on behalf of plaintiff Kathryn Evett and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals.

12/15/03

  3179

Re: Kathy Ashby, Diana Bettino, Beverly Despain, Penny Elmer, Kathryn Evett, Terri George, Doris Howe, Peggy Hunsaker, Deborah Johnson, Denise London, Margaret Martinez, Connie Mason, Diane Miller, Linda Pitelli, Darlene Ridgeway, Teresa Sackett, Nancy Simpson, Patti Young v. Wyeth (02-20166)

     AND NOW, this 15th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that all claims of plaintiff Peggy Hunsaker Evett in the above-captioned case are hereby dismissed without prejudice as to all defendants, with each party to bear its own costs and counsel fees.

     In the event that plaintiff Peggy Hunsaker re-files any claim or action arising out of the use of Pondimin or Redux, plaintiff shall re-file such claim or action in federal court only.     This stipulation is filed on behalf of plaintiff Peggy Hunsaker and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals.

12/15/03

  3180

Re: Kathy Ashby, Diana Bettino, Beverly Despain, Penny Elmer, Kathryn Evett, Terri George, Doris Howe, Peggy Hunsaker, Deborah Johnson, Denise London, Margaret Martinez, Connie Mason, Diane Miller, Linda Pitelli, Darlene Ridgeway, Teresa Sackett, Nancy Simpson, Patti Young v. Wyeth (02-20166)

     AND NOW, this 15th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that all claims of plaintiff Teresa Sackett in the above-captioned case are hereby dismissed without prejudice as to all defendants, with each party to bear its own costs and counsel fees.

     In the event that plaintiff Teresa Sackett re-files any claim or action arising out of the use of Pondimin or Redux, plaintiff shall re-file such claim or action in federal court only.     This stipulation is filed on behalf of plaintiff Teresa Sackett and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals.

12/15/03

  3181

Re: Rosalie Briggs, Shauna Carson, Wanda Gassner, Robert Johnson and Jeanne K. Walker v. Wyeth (03-20078)

     AND NOW, this 15th day of December, 2003, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that all claims of plaintiff Rosalie Briggs in the above-captioned case are hereby dismissed without prejudice as to all defendants, with each party to bear its own costs and counsel fees.

     In the event that plaintiff Rosalie Briggs re-files any claim or action arising out of the use of Pondimin or Redux, plaintiff shall re-file such claim or action in federal court only.     This stipulation is filed on behalf of plaintiff Rosalie Briggs and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals

12/16/03

  3182

Re: Sheila Brown v. AHP (99-20593)

     It is hereby STIPULATED and AGREED by and between Doris Weller and Ellen Carey, represented by Napoli, Kaiser, Bern & Associates, LLP, and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have an extension of time up to and including Decmeber 19, 2003, to reply to claimants Doris Weller and Ellen Carey= Memorandum of Law and Facts Opposing Wyeth=s Motion to Enforce the Anti-Suit Injunction Set Forth in PTO 1415, Paragraph 7.     This extension is for a period of less that thirty (30) days.  No prior extension has been requested or given in this matter.

12/16/03

  3183

Re: Sheila Brown v. AHP (99-20593)

     It is hereby STIPULATED and AGREED between certain unnamed class members and the AHP Settlement Trust, through their respective counsel, that all unnamed class members shall have until December 19, 2003, to respond to AHP Settlement Trust=s Motions to Disqualify all Echomotion Echocardiograms and to Stay Payment of All Claims Supported by Echomotion Echocardiograms.     This extension is for a period of less than thirty (30) days.  No prior extension has been requested or given in this matter.

12/18/03

  3184

Re: All Actions     AND NOW, this 18th day of December, 2004, upon consideration of the Escrow Agent=s Fifteenth Petition for Release of Funds from the MDL 1203 Fee and Cost Account to Pay Refunds, submitted under seal, it is hereby ORDERED that said petition is granted and Pretrial order No. 3184(a) shall be filed under seal.

12/19/03

  3185

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, on this 19th day of December, 2003, for the reasons stated in the accompanying memorandum, IT IS HEREBY ORDERED that:...

12/19/03

  3186

Re: All Actions     AND NOW, this 29th day of December, 2003, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that, effective January 1, 2004, Special Discovery Master Gregory P. Miller=s billable rate is increased from $275.00 per hour to $325.00 per hour.  Any person having standing to object to this increase shall file an opposition within 15 days of the date of this Order.

12/30/03

  3187

Re: All Actions     AND NOW, TO WIT, this 30th day of December, 2003, upon consideration of the Twentieth Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (11/01/03 through 11/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $4,918.89 for the period from 11/01/03 through 11/30/03, in accordance with the procedure established by the Court.

12/30/03

  3188

Re: All Actions     AND NOW, TO WIT, this 30th day of December, 2003, upon consideration of the Forty-Second Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (11/01/03 through 11/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $33,354.07 for the period from 11/01/03 through 11/30/03, in accordance with the procedure established by the Court.

01/05/03

  3189

Re: Julius Anderson v. Wyeth, Inc. (03-20361)

     On motion ore tenus of plaintiff, Barbara Harte, and the court being advised that there is no objection to the same, it is therefore     ORDERED AND ADJUDGED that defendant, Lewis A. Rubenstein, M.D., is hereby dismissed with prejudice as to Barbara Harte=s claims only.  This dismissal does not affect Barbara Harte=s claims against any other defendant, nor does it affect any other plaintiff=s claims against Dr. Rubenstein.  The Court further finds there is no just reason for any delay in the entry of this Order

01/05/03

  3190

Re: All Actions FILED UNDER SEAL     AND NOW January 5, 2004, upon consideration of PMC=s Motion for Release and Use of Funds from the MDL 1203 Fee and Cost Account, established by Gregory Miller, Esquire, Escrow Agent, it is hereby ORDERED and DECREED that said Motion is GRANTED and Gregory Miller, Esquire, is directed to make payment on invoices totaling Twenty-Seven Thousand Four Hundred Five and Twenty Cents ($27,405.20) to the PMC Fen-Phen Litigation Account, by wire transfer using the following routing number:

01/07/03

  3191

Re: Maxine McDonald v. AHP (03-20159)

     AND NOW, this 7th day of January, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rule of Civil Procedure Rule 41(a)(1)(ii) that the claims of plaintiffs listed in Exhibit A hereto in the complaint in the above-captioned matter are hereby dismissed without prejudice as to all named defendants.

     This stipulation of the undersigned parties is subject to the following conditions:

01/07/03

  3192

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 7th day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the denial of Matrix Level III benefits for class member Prudence Nicosia is AFFIRMED.

01/07/03

  3193

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 7th day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the denial of Matrix Level V benefits for class member Heidi Hull is AFFIRMED.

01/07/03

  3194

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 7th day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the denial of Matrix Level III benefits for class member Dawn Garner-Cottrell AFFIRMED

01/07/03

  3195

Re: Sheila Brown v. AHP (99-20593) for the following claimants: Karen Wade, Wanda Lawrence, Kathleen Fox, Patricia Toner, Eloisa Salas, Hazel Wirtner & Ponzie McGuire

     ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS



01/08/03

  3196

Re: Annette Lentz v. Wyeth (03-20295)

     AND NOW, this 8th day of January, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED AND DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that the complaint in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its own casts and counsel fees.     This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter.

01/08/03

  3197

Re: Sheila Brown v. AHP (99-20593)     Pursuant to Rule 7.4(b) of the Local Rules of Civil Procedure, the parties stipulate and agree to extend the time in which the AHP Settlement Trust may file a reply brief in further support of its Motion to Disqualify all EchomMotion Echocardiograms from Supporting Claims for Benefits and its Motion to Stay Payment of All Claims Supported by EchoMotion Echocardiograms.  Said extension shall be up to an including January 16, 2004

01/08/03

  3198

Re: Sheila Brown v. AHP (99-20593)

     It Is hereby STIPULATED AND AGREED by and among the AHP Settlement Trust and Counsel for the Class Members= Emergency Motion in Support of Approval of CAP 6 that AHP Settlement Trust shall have an extension of time up to and including January 20, 2004, to respond to such Motion filed on or about November 19, 2003.     This extension is for a period of less than thirty days.  No prior extension has been granted in this matter.

01/08/03

  3199

Re: Sheila Brown v. AHP (99-20593)     IT IS STIPULATED AND AGREED between Evon Ott and the AHP Settlement Trust (the ATrust@). Through their respective undersigned counsel, that the Trust shall have an extension of time up to and including January 19, 2004 to respond to the Amended Motion to Appear Instanter and to Accept Late Settlement Agreement.

01/08/03

  3200

Re: Sheila Brown v. AHP (99-20593)

     It is hereby STIPULATED AND AGREED by and between plaintiff Diane M. Maloney and Defendant Wyeth through their respective counsel, that Wyeth shall have an extension of time up to and including January 15, 2004 to respond to Plaintiff=s Motion for Leave of Court to File an AHP Settlement Trust Blue Form Nunc Pro Tunc.     This extension is for a period of less than 30 days.  No prior extension has been requested or given in this matter.

01/08/03

  3201

Re: Sheila Brown v. AHP (99-20593)

     It is hereby STIPULATED AND AGREED between Annette Kerr, Roberta Rains, certain class members, and Wyeth, through their respective counsel, that Annette Kerr, Roberta Rains and any class members wishing to join or to move to participate as amicus or interveners shall have until January 21, 2004, to respond to Wyeth=s Motion Challenging the Eligibility of Plaintiffs Annette Kerr and Roberta Rains.

     Wyeth does not waive any objections that it may have to joinder, amicus, or interveners other than objections based on the time of filing of the papers, assuming that such papers are filed on or before January 21, 2004.     This extension is for a period of less than 30 days.  No prior extension has been requested or given in this matter.

1/08/03

  3202

Re: Leah Garbett v. Wyeth (03-20262)

     AND NOW, this 8th day of January, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.     In the event that plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall re-file such claim or action in federal court only.

01/08/03

  3203

Re: Sheila Brown, Sharon Gaddie, vivian Naugle, Quintin Layer and Joby Jackson-Reid v. AHP (99-20593)     AND NOW, this 8th day of January, 2004, it is hereby ORDERED that the unopposed motion of Class Counsel for an extension of time to respond to the motion to compel of the law firms of Napoli, Kaiser, Bern & Associates, LLP and Hariton & D=Angelo, LLP, regarding evidence relating to independent echocardiographic reviwes (Filing No. 723 in civil Action No. 99-20593) until January 20, 2004 is GRANTED.

01/08/03

  3204

Re: Sheila Brown v. AHP (99-20593) Claimants: Lynn Kuerth and Mark Kuerth     AND NOW, this 8th day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the denial of Matrix Level II benefits to class members Lynn Kuerth and Mark Kuerth is AFFIRMED.

1/12/03

  3205

Re: Fredda Rainey v. Wyeth (03-20128)

     AND NOW, this 12th day of January, 2004, it is hereby ORDERED that:

     1.  The motion of plaintiff Fredda Rainey to reconsider order denying remand (Pretrial Order No. 2886) or alternatively to certify order is DENIED;

 2.  The motion of defendant Luis Fernando Franco, M.D. to dismiss is GRANTED on the ground that he was fraudulently joined as a defendant; and   3.  The renewed motion of plaintiff to reconsider Pretrial Order No. 2886 denying remand or alternatively, motion for certification under 28 U.S.C. 1292(b) or for a determination under rule 54(b) of the Federal Rules of Civil Procedure is DENIED.

1/12/03

  3206

Re: Dianne Smith v. AHP (03-20001)     AND NOW, this 12th day of January, 2004, it is hereby ORDERED that the motion of plaintiff to file a reply brief (Doc. 203692) is GRANTED.  Said reply brief shall be filed and served on or before January 26, 2004.

1/12/03

  3207

Re: Carolyn Ross v. Wyeth (03-20362)

     AND NOW, this 12th day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiff Carolyn Ross to remand this action to the Circuit Court of the County of St. Louis, Missouri is DENIED;

     2.  The motion of defendant Michael J. Fedak, M.D. to dismiss counts 4 and 5 of the plaintiff=s petition for violation of the statute of limitations is GRANTED; and     3.  The motion of plaintiff Carolyn Ross for costs pursuant to 28 U.S.C. 1447 is DENIED.

1/12/03

  3208

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 12th day of January, 2004, upon consideration of the emergency motion of plaintiff, Estelle Scheier, to modify Pretrial Order No. 3153, it is hereby ORDERED that the plaintiff=s complaint is NOT DISMISSED to the extent she is proceeding as ain intermediate opt-out, without prejudice to Wyeth=s right to contest that designation in the Circuit Court of the Fifteenth Judicial District in and for Palm Beach County, Florida.  See Nationwide Class Action Settlement Agreement IV.D.3.C; Pretrial Order No. 2654.

1/13/03

  3209

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 13th day of January, 2004, after a telephone conference with counsel and based on the representation of plaintiff=s counsel Mike O=Brien, Esquire to this court that the claims of plaintiff Donna Franz in Donna Franz v. Wyeth Case No. 49,594, pending in the District Court of Galveston County, Texas are only for Primary Pulmonary Hypertension and for tricuspid regurgitation secondary to PPH and not for valvular heart disease, it is hereby ORDERED that the emergency motion of Wyeth for an order enforcing PTO 1415 against plaintiff Donna Franz is DENIED.

1/13/03

  3210

Re: All Actions  UNDER SEAL     AND NOW, this 13th day of January, 2004, upon consideration of the Escrow Agent=s request for the release of funds from the MDL 1203 Fee and Cost Account to pay the Fourth Quarter Federal and State Tax Estimates for the Year 2003, it is hereby ORDERED that said requested is GRANTED and Gregory P. Miller, Esquire, as Escrow Agent for the MDL 1203 Account, is directed to pay the Fourth Quarter Federal and State Tax Estimates in the amount of Seventeen Thousand Dollars.

1/13/03

  3211

Re: All Actions - FILED UNDER SEAL

1/14/03

  3212

Re: Sheila Brown v. AHP (99-20593)...

1/14/04

  3213

Re: Hazel Savage v. Wyeth (03-20254)

     AND NOW, this 14th day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiff Hazel Savage to remand this action to the Circuit Court of the City of St. Louis, Missouri is DENIED; and     2.  The motion of plaintiff Hazel Savage for costs pursuant to 28 U.S.C. 14478 is DENIED

1/15/04

  3214

Re: Diane M. Maloney v. AHP (03-20006)     IT IS STIPULATED AND AGREEED between Diane M. Maloney and the AHP Settlement Trust (the ATrust@), through their respective and undersigned counsel, that the Trust shall have an extension of time up to and including January 15, 2004 to respond to Diane M. Maloney=s Motion for Leave of Court to File an AhP Settlement Trust Blue Form Nunc Pro Tunc.

1/14/04

  3215

Re: Cynthia Howard v. AHP (02-20245)

     It is hereby STIPULATED and AGREED between the Howard plaintiffs and Wyeth, through their respective counsel, that the Howard plaintiffs shall have until January 28, 2004, to respond to Wyeth=s Motion challenging the eligibility of plaintiffs.     This extension is for a period of thirty days or less and no prior extension has been requested or given in this matter.

1/14/04

  3216

Re: Peggy G. Ferguson v. Wyeth (03-20497)

     AND NOW, this 14th day of January, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Peggy G. Ferguson in the above-captioned case related to PPH are hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims.

     Plaintiff does not contend that she currently has PPH; she has submitted an Intermediate Opt-Out (A100") form, and intends to pursue at this time only her valvular heart disease (AVHD@) claims, as alleged in her complaint.

     This stipulation shall affect only plaintiff=s PPH Claims.  Plaintiff=s VHD claims remain pending, and Defendants retain the right to assert any and all defenses against those claims to which they may be entitled.  Specifically, and not by way of limitation, defendants retain: (1) the right to challenge plaintiff=s eligibility to exercise an IOO, and (2) the right to assert that some or all of Plaintiff=s remaining claims are barred by the Nationwide class Action Settlement Agreement.     This stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals.

1/14/04

  3217

Re: Sheila Brown v. AHP (99-20593) claimants, Rita Brown, Margaret Frerichs, Laura Delcastillo, Deborah Beckstead, Paul Jones, Jimmy Johnson, Marilyn Ash, Shirley Ostrica, Karen Baquer, Marsha Exhols, Linda Molone, Kimberly Pasche, Carol Neumeier

     The court has received applications for issuance of orders to show cause fled by the AHP Settlement Trust, relating to the audited claims of the referenced claimants.  Accordingly, pursuant to the rules for the audit of matrix compensation claims approved in PTO No. 2807, it is hereby ORDERED that these claimants must show cause why the trust=s requests for relief should not be granted.

     It is further ORDERED that these matters are referred to the Special Master for further proceedings.  The court directs that within fourteen days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Applications, including: 1.  Detailed statements of the case, as described in Rule 23 of the audit rules; 2.  Attestation forms completed by auditing cardiologists for these claims; 3.  Auditing cardiologists= worksheets; 4.  Any and all other materials submitted to and/or completed by auditing cardiologists; and 5.  The audit files.     Pursuant to rule 25 of the audit rules, claimants may submit responses to the special master within 21 days after service of the trust=s supporting documentation.  If any claimant fails to file a response, or if any claimant requests the special master to proceed without a response, the special master shall proceed in accordance with the audit rules.

1/27/04

  3218

Re: Sheila Brown v. AHP (99-20593)

     It is hereby STIPULATED and AGREED between Certain Class Members represented by Baron & Budd, P.C. and the AHP Settlement Trust, through their respective counsel, that any plaintiffs wishing to respond shall have until January 27, 2004 to respond to the AHP Settlement Trust=s Motion to Permit Discovery Regarding Additional Echocardiogram Companies.

     AHP Settlement Trust does not waive any objections that it may have other than objections based on the time of filing the papers, assuming that such papers are filed on or before January 27, 2004.     This extension is for a period of less than thirty (30) days .  No prior extension has been requested or given in this matter.

1/23/04

  3219

Re: All Actions     AND NOW, TO WIT, this 23rd day of January, 2004, upon consideration of the Sixty-Eighth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (11-01-04 through 11-30-04), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $51,933.41 for the period from 11/01/03 in accordance with the procedure established by the Court

1/23/04

  3220

Re: All Actions     AND NOW, TO WIT, this 23rd day of January, 2004, upon consideration of the Thirty-Sixth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (11/01/03 through 11/30/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed taht the AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $87,157.04 for the period from 11/01/04 through 11/30/04, in accordance with the procedure established by the Court.

1/23/04

  3221

Re: Martha Green v. Wyeth (03-20234)

     THIS CAUSE came on to be heard upon the ore tenus motion of the separate Plaintiff, Anna Jane Price, who moves this court to dismiss with prejudice her claims against the separate Defendant, William Clyde Nicholas, M.D., and the Court, having considered the motion, noting the agreement of counsel for Plaintiff Anna Jane Price and William Clyde Nicholas, M.D., and being otherwise fully advised in the premises, finds that the motion is well taken and should be granted.

     IT IS THEREFORE, STIPULATED, ORDERED and DECREED that the Complaint and all claims filed therein by the separate Plaintiff, Anna Jane Price, against the separate Defendant, William Clyde Nicholas, M.D., shall be and hereby are dismissed with prejudice.     IT IS FURTHER ORDERED that all other claims of the remaining Plaintiffs against the other Defendants named in this civil action are hereby reserved as stated in the Complaint and will proceed accordingly.

1/23/04

  3222

Re: Beverly Buxton, David Clark v. Wyeth and David Richardson, M.D. (03-20393)

     AND NOW, this 23rd day of January, 2004, upon consideration of the Motion for Substitution of Counsel for the Defendant, David Richardson, M.D., it is hereby ORDERED that:

     1.  The motion of defendant, David Richardson, M.D., for substitution of counsel is GRANTED; and

     2.  Stephen P. Kruger and the law firm of Page, Kruger & Holland and all attorneys within the firm who have appeared as counsel for the defendant, David Richardson, M.D., in the above-captioned case shall be deemed to have withdrawn their appearances as counsel of record for the Defendant, David Richardson, M.D., in this case; and     3.  J. Robert Ramsay, Amanda Clearman Waddell, and the law firm of Ramsay & Hammond, PLLC, 106 Madison Plaza, Hattiesburg, MS 39402 are hereby substituted as counsel for the Defendant, David Richardson, M.D., and their appearance on behalf of said Defendant is hereby noted of record in this litigation.

1/23/04

  3223

Re: Verna Johnson v. Wyeth (02-20203)

     AND NOW, this 23rd day of January, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that all claims of plaintiff Verna Johnson in the above-captioned case are hereby dismissed without prejudice as to all defendants, with each party to bear its own costs and counsel fees.

     In the event that plaintiff VERNA JOHNSON re-files any claim or action arising out of the use of Pondimin or Redux, plaintiff shall re-file such claim or action in federal court only.     This Stipulation is filed on behalf of plaintiff VERNA JOHNSON and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals and Rugby Laboratories, Inc.

1/24/04

  3224

Re: Charlene Adams v. AHP (02-20253)

     It is hereby STIPULATED and AGREED between Charlene Adams, Mary Helen Collins, Bobbie Croswell, Virginia Everett, Brendolyn Franklin, Cornelia Henderson, Mamie Jackson, Gloria McClain, Diana Scott, Pearlie Wilson, and Wyeth through their respective counsel that Charlene Adams, Mary Helen Collins, Bobbie Croswell, Virginia Everett, Brendolyn Franklin, Cornelia Henderson, Mamie Jackson, Gloria McClain, Diana Scott, Pearlie Wilson, and any class members wishing to join or move to participate as amicus or interveners shall have until January 28, 2004, to respond to Wyeth=s Motion Challenging the Eligibility of Plaintiffs Charlene Adams, Mary Helen Collins, Bobbie Croswell, Virginia Everett, Brendolyn Franklin, Cornelia Henderson, Mamie Jackson, Gloria McClain, Diana Scott, Pearlie Wilson.

     Wyeth does not waive any objections that it may have to joinder, amicus, or interveners other than objections based on the time of filing of the papers, assuming that such papers are filed on or before January 28, 2004.     This extension is for a period of less that thirty (30) days.  No prior extension has been requested or given in this matter.

1/23/04

  3225

Re: William F. Neil, Jr. v. AHP (03-20270)     AND NOW, this 23rd day of January, 2004, it is hereby ORDERED that the emergency motion of plaintiffs William F. Neil and Celeste C. Neil for stay is DENIED as moot

1/26/04

  3226

Re: Sheila Brown v. AHP (99-20593) claimants: Sarah Begley, David Butcher, Louise Davidson, Kenneth Harley, Evelyn Nelson, P:hyllis Ply, Marta Prager-Flynn, Brenda Samson, Jean Sweat, and Mary Wyatt

     The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants.  Accordingly, pursuant to Rules for the Audit of Matrix Compensation claims (AAudit Rules@), approved in Pretrial Order No. 2807, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted.

     It is further ORDERED that these matters are referred to the Special Master for further proceedings.  The Court directs that, within 14 days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Applications, including: 1.  Detailed statements of the case, as described in Rule 23 of the audit rules; 2.  Attestation forms completed by Auditing Cardiologists for these claims; 3.  Auditing Cardiologists= Worksheets; 4.  Any and all other materials submitted to and/or completed by Auditing Cardiologists; and 5.  The audit files.     Pursuant to Rule 25 of the Audit Rules, Claimants may submit responses to the Special Master within 21 days after service of the Trust=s supporting documentation.  If any Claimant fails to file a Response, or if any Claimant requests the Special Master to proceed without a response, the Special Master shall proceed in accordance with the Audit Rules.

1/29/04

  3227

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 29th day of January, 2004, having issued PTO No. 3212 ordering interested parties to show cause why the physicians listed below should not be appointed as Technical Advisors, and having received no objections to their appointment, it is hereby ORDERED that:Sandra V. Abramson, James F. Burke, & Gary J. Vigilante are appointed as Technical Advisors to the court.

1/29/04

  3228

Re: Sheila Brown v. AHP (99-20593) claimants: Marti Chizar, Michelle Fitch, Carol Garber, Lavon Hinton, Linda Neeley, Chuteah Oliver, Betty Saatkamp, Teresa Telschow, Gloria Thedell and Melissa Vatne

     The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants.  Accordingly, pursuant to Rules for the Audit of Matrix Compensation claims (AAudit Rules@), approved in Pretrial Order No. 2807, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted.

     It is further ORDERED that these matters are referred to the Special Master for further proceedings.  The Court directs that, within 14 days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Applications, including: 1.  Detailed statements of the case, as described in Rule 23 of the audit rules; 2.  Attestation forms completed by Auditing Cardiologists for these claims; 3.  Auditing Cardiologists= Worksheets; 4.  Any and all other materials submitted to and/or completed by Auditing Cardiologists; and 5.  The audit files.     Pursuant to Rule 25 of the Audit Rules, Claimants may submit responses to the Special Master within 21 days after service of the Trust=s supporting documentation.  If any Claimant fails to file a Response, or if any Claimant requests the Special Master to proceed without a response, the Special Master shall proceed in accordance with the Audit Rules.

1/29/04

  3229

Re: Sheila Brown v. AHP (99-20593) claimant: Kenneth Buck

     The Court has received Applications for Issuance of Orders to Show Cause (AApplications@), filed by the AHP Settlement Trust (ATrust@), relating to the audited claims of the above-referenced Claimants.  Accordingly, pursuant to Rules for the Audit of Matrix Compensation claims (AAudit Rules@), approved in Pretrial Order No. 2807, it is hereby ORDERED that these Claimants must show cause why the Trust=s requests for relief should not be granted.

     It is further ORDERED that these matters are referred to the Special Master for further proceedings.  The Court directs that, within 14 days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Applications, including: 1.  Detailed statements of the case, as described in Rule 23 of the audit rules; 2.  Attestation forms completed by Auditing Cardiologists for these claims; 3.  Auditing Cardiologists= Worksheets; 4.  Any and all other materials submitted to and/or completed by Auditing Cardiologists; and 5.  The audit files.     Pursuant to Rule 25 of the Audit Rules, Claimants may submit responses to the Special Master within 21 days after service of the Trust=s supporting documentation.  If any Claimant fails to file a Response, or if any Claimant requests the Special Master to proceed without a response, the Special Master shall proceed in accordance with the Audit Rules

1/29/04

  3230

Re: Audrey Alexander (03-20206), Ida Haynes (03-20143), Ruth Higginbottom (03-20142), Thomas Jarrell (03-20144), Cynthia Kanode (03-20145) & Linda Trisvan (03-20141) v. Wyeth

     AND NOW, this 29th day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:...

1/30/04

  3231

Re: Thomas Jarrell (03-20144), Cynthia Kanode (03-20145) & Linda Trisvan (03-20141) v. Wyeth

     AND NOW, this 30th day of January, 2004, it is hereby ORDERED that:

     1.  The motion of Virginia Physicians, Inc. in Jarrell for summary judgment is DENIED as moot as the action has already been dismissed as to this defendant in PTO 3230;

     2.  The claims against defendant McGuire medical group in Jarrell are DISMISSED for the reasons set forth in PTO 2320;

     3.  The claims against defendant Mark C. Barr, M.D. in Jarrell are DISMISSED for the reasons set forth in PTO 3230;

      4.  The motion of Mark C. Barr, M.D. in Jarrwll for extensions of time to file an answer is DENIED    As moot;

     5.  The motion of Mark C. Barr, M.D. in Jarrell to dismiss Thomas Jarrell=s claims and for summary judgment is DENIED as moot;

     6.  The motion of defendants Virginia physicians for women, ltd, John R. Partridge, M.D., and Corine N. Tuckey Larus, M.D. in Kanode to dismiss Cynthia Kanode=s claims and for Summary Judgment is DENIED as moot as the action has already been dismissed as to this defendant in PTO 3230; and     7.  The motion of Thomas Walker, sr. in Trisvan for summary judgment s DENIED as moot as the action has already been dismissed as to ths defendant in PTO 3230

2/03/04

  3232Re: All Actions FILED UNDER SEAL

2/05/04

  3233 Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 5th day of February, 2004, following a status conference in connection with the motion of the AHP Settlement Trust to disqualify all EchoMotion echocardiograms from supporting claims for benefits, IT IS HEREBY ORDERED that:

     1.  All factual discovery relating to the issue of supervision of Echomotion echocardiograms shall be completed on or before March 31, 2004.

     2.  Movants, the AHP Settlement Trust (ATrust@) and Wyeth, shall take no more that twelve (12) depositions without further order of the court.

     3.  Respondents shall take no more than six (6) depositions without further order of the court.

     4.  A second status conference relating to the pending motion is scheduled for April 1, 2004 at 1:00 pm in chambers.

2/05/04

  3234

Re: Dianne Smith v. Wyeth (03-20001)     AND NOW, this 5h day of February, 2004, it is hereby ORDERED that the motion of defendant Wyeth in the above action to file sur-reply brief in opposition to the motion of plaintiff Diane Smith to remand is GRANTED.

2/05/04

  3235

Re: Michael Montgomery v. Wyeth, Inc. (03-20550)

     AND NOW, this 5th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Michael Montgomery in the above-captioned case is hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/05/04

  3236

Re: Rebecca Adcock, Michael Battaglia, Margaret Broussard, Cleo Cage, Sharon Fountain Pelligrini, Shirley Gremillion, Earline Harris, Linda Morales, Rhonda Pritchett, Mercedes Reinerth, and Agatha Townsend v. AHP (01-20127)     AND NOW, this 5th day of February, 2004, it is hereby STIPULATED, ADJUDGED, and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(ii) that the Second Amended Class Action Complaint as to Plaintiff Michael Battaglia only in the above-captioned case is hereby dismissed with prejudice as to all named Defendants, with each party to bear its won costs and counsel fees.  This stipulation and order dismisses with prejudice all claims asserted in the complaint by Plaintiff Michael Battaglia, but does not affect the claims of any other plaintiffs in this suit against any of the Defendants.

2/05/04

  3237

Re: Anamarie Abdul-Jabar v. AHP (03-20416)

     AND NOW, this 5th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(ii), that the Complaint in the above-captioned matter is hereby DISMISSED WITH PREJUDICE, in its entirety.     This stipulation is filed on behalf of all remaining defendants who have appeared in the above-captioned matter, those being Wyeth and AHP Subsidiary Holding Corporation, and does 1 to 100, inclusive, against whom the claims in the complaint shall be dismissed in their entirety by the Court=s approval of this Stipulation.

2/05/04

  3238

Re: Cynthia D. LeGassick v. AHP (03-20166)

     AND NOW, this 5th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(ii), that the Complaint in the above-captioned matter is hereby DISMISSED WITH PREJUDICE, in its entirety.     This stipulation is filed on behalf of all remaining defendants who have appeared in the above-captioned matter, those being Wyeth and AHP Subsidiary Holding Corporation, and does 1 to 100, inclusive, against whom the claims in the complaint shall be dismissed in their entirety by the Court=s approval of this Stipulation.

2/05/04

  3239

Re: Heather Johnson v. AHP (03-20125)

     AND NOW, this 5th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(ii), that the Complaint in the above-captioned matter is hereby DISMISSED WITH PREJUDICE, in its entirety.     This stipulation is filed on behalf of all remaining defendants who have appeared in the above-captioned matter, those being Wyeth and AHP Subsidiary Holding Corporation, and does 1 to 100, inclusive, against whom the claims in the complaint shall be dismissed in their entirety by the Court=s approval of this Stipulation.

2/05/04

  3240

Re: Tina Hudspeth v. Wyeth and Michael Langley, M.D. (03-20098)

     On this day this came for hearing on the motion of the plaintiff to dismiss without prejudice the instant action as to all named Defendants, specifically including Wyeth and Michael Langley, M.D.

     The plaintiff appearing by and through her counsel of record and advising the Court that the plaintiff has no objection to the dismissal without prejudice of the above-identified defendants;     IT IS THEREFOR ORDERED AND ADJUDGED that the named Defendants, Wyeth and Michael Langley, M.D.,  and they are herewith dismissed without prejudice from the instant action by plaintiff, with each party to separately bear his/her cost of the action.

2/05/04

  3241

Re: Daniel Johnson and Janath Davis v. AHP (99-20258)

     COME NOW, Plaintiff Janath Davis, Individually, and all Defendants, by and through counsel of record, and hereby submit this Stipulation of dismissal with prejudice pursuant to the provisions of Fed.R.Civ.P. 41(a)(1) and Fed.R.Civ.P. 41(s)(2).  The parties request that all claims by plaintiff Janath Davis be dismissed with prejudice.  This stipulation applies only to the claims of plaintiff Janath Davis and shall not be construed to apply to plaintiff Daniel Johnson.     Each party shall bear their own respective costs and attorneys= fees incurred in this action.

2/06/04

  3242

Re: Sheila Brown v. AHP (99-20593) for the following claimants: Lottie Barnard, William Burnett, Robert Dubin, Burnette Franchino, Sharyl Friesen, Virginia Gottschalk, Phyllis Hess, Dianne Kreth, Henrietta Ladner, Pam Swindlehurst

     ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS...

2/09/04

  3243

Re: Sharon Ernst v. AHP (02-20017)

     AND NOW TO WIT: This 9th day of February, 2003, it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby     ORDERED that, pursuant to agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants.    

2/09/04

  3244

Re: Diane M. Maloney v. AHP (03-20006)

     It is stipulated and agreed pursuant to F.R. Civ.P. 41(a)(1)(ii) by and among the undersigned counsel for plaintiff and counsel for defendants who have appeared in the action that the following defendants be dismissed:Eon, Fisons, Gate, Geneva, Goldline, Ion, Jones Medical Industries, Medeva, Rexar, Rosemont, Rugby, Shire Richwood, Smithkline Beecham, United Research Labs and Zenith Goldline



2/09/04

  3245

Re: Ginger H. Stewart and Michael L. Stewart v. AHP (02-20123)

     AND NOW, this 9th day of February, 2004, it is hereby STIPULATED, ORDERED, and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.

     In the event that Plaintiffs re-file any claim or action arising out of the use of Pondimin or Redux, Plaintiffs shall re-file such claim or action in federal court only.     This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matter, those being Wyeth, improperly identified in the Complaint as AHPC=s ASubsidiary Wyeth-Ayerst Pharmaceuticals@.

2/10/04

  3246

Katie R. Murray v. Wyeth (03-20220)

     AND NOW, this 10th day of February, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiff Rebecca Meades to remand this action to the Circuit Court of Adams County, Mississippi is DENIED;

     2.  The claims against defendant Jerry Ilgs, M.D. are DISMISSED for the reasons set forth in stipulation and pretrial order no. 3168; and     3.  The claims against defendant Katherine Hensleigh, M.D. are DISMISSED for the reasons set forth in stipulation and pretrial order no. 3168.

2/10/04

  3247

Re: Dianne Smith v. Wyeth (03-20001)

     AND NOW, this 10th day of February, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiff Dianne Smith to remand this action to the Circuit Court of Calhoun County, Alabama, is DENIED;

     2.  The claims against defendant Dr. John Sherrer are DISMISSED;

     3.  The claims against defendant Gate Pharmaceuticals are DISMISSED; and     4.  The claims against defendants A, B, C, D, E, and F are DISMISSED.

2/10/04

  3248

Re: Yuvonne B. Wilson v. Wyeth (03-20124)

     AND NOW, this 10th day of February, 2004, it is hereby ordered that:

     1.  The claims against defendant Kynard L. Adams are DISMISSED for the reasons set forth in PTO 3000;

     2.  The motion of defendant Kynard L. Adams to remand is DENIED as moot; and     3.  The motion of defendant Kynard L. Adams for summary judgment is DENIED as moot

2/10/04

  3249

Re: Carolyn Ross v. Wyeth (03-20362)

     AND NOW, this 10th day of February, 2004, it is hereby ORDERED that:

     1.  The motion of defendant Michael J. Fedak to dismiss for violation of the statute of limitations is DENIED as moot as the action has already been dismissed as to this defendant in Pretrial Order No. 3207;

     2.  The motion of plaintiff Carolyn Ross for leave to file her response to the motion of defendant Michael J. Fedak, M.D. to dismiss for violation of statute of limitations is DENIED as moot as the action has already been dismissed as to this defendant in PTO No. 3207;     3.  The motion of defendants Michael J. Fedak for leave to obtain an extension of time to file a reply to plaintiff=s response to the motion of defendant Michael Fedak to dismiss for violation of the statute of limitations is DENIED as moot as the action has already been dismissed as to this defendant in PTO No. 3207.

2/11/04

  3250

Re: Geraldine J. Delon v. Wyeth (03-20618)     AND NOW, this 11th day of February, 2004, because Civil Action No. 03-20618 is duplicative of Civil Action No. 03-20490, it is hereby ORDERED that Civil Action No. 03-20618 is DISMISSED.

2/11/04

  3251

Re: Patricia Geers v. Wyeth (03-20579)     AND NOW, this 11th day of February, 2004, because Civil Action No. 03-20579 is duplicative of Civil Action No. 03-20434, it is hereby ORDERED that Civil Action No. 03-20579 is DISMISSED.

2/11/04

  3252

Re: Lori I. Gott v. Wyeth (03-20621)     AND NOW, this 11th day of February, 2004, because Civil Action No. 03-20621 is duplicative of Civil Action No. 03-20493, it is hereby ORDERED that Civil Action No. 03-20621 is DISMISSED.

2/12/04

  3253

Re: Sheila Brown v. AHP (99-20593)

     AND NOW, this 12th day of February, 2004, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:

     1.  The motion to reinstate the blue forms is DENIED as to Maranie B. Adams, Patricia G. Bennett, Dina L. Berry, Linda G. Boswell, Vickie Brasher, Latonya Claxton, Elizabeth S. Conner, Jan M. Courtney, Tommie J. Crumbaker, rena Dear, Rebecca Denton, Carreen Dodd, Michelle Fleenor, Jim Fondren, Sharron Forest, Kelly Freeland, Lisa Gierszewski, Malissa Haase, Dee M. Harvard, Shirley Haywood, Suzanne Heggins, Melissa Henderson, Tamra M. Hite, Amy Hively, Linda Holland, susie C. Hudson, Marietta Jones, Lisa Kelly, Diana G. Kendrick, Shirley C. Lewis, Jacqueline Lockridge, Mildred Martin, Rebecca K. McCormick, Marcy L. McEntee, Ramona McShan, Phyllis Morgan, Bruce Moss, Mindi D. Mouton, Beverly Nall, Patsy Napier, William Napier, Angelia Navarre, Misti Nethercut, Tyra L. Nunn, Deborah J. Patterson, Betti C. Perry, Shirley Perry, Donna J. Rivero, Etta Seago, Ace Smither, Rebecca K. Thornton, David C. Thrash, Carolyn J. Tolbert, Ronald E. Tolbert, Kelly O. Travis, Molly D. Vaughn, Jeanetta P. Watson, Jacqueline D. Wilmore; and     2.  The motion is held in abeyance as to Alisa Botto, Gay M. Davenports, Marsha Hodge, Bethany Massey, Debra A. McDade, and Bettye Mims.   The AHP Settlement trust, Wyeth, and/or movants shall file and serve any affidavits concerning the status and contents of the Blue Forms of these persons, and any brief supplemental legal memoranda, within fifteen days.

2/12/04

  3254

Re: Robyn R. Greene v. Wyeth (03-20369)

     AND NOW, this 12th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Robyn Greene in the above-captioned case related to PPH are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims.

     Plaintiff doe not contend that she currently has pph, she has submitted and intermediate opt-out (100) form, and intends to pursue at this time only her valvular heart disease (vhd) claims, as alleged in her complaint.

     This stipulation shall affect only plaintiff=s pph claims.  Plaintiff=s vhd claims remain pending, and defendants retain the right to assert any and all defenses against those claims to which they may be entitled.  Specifically, and not by way of limitation, defendants retain: 1.  The right to challenge plaintiff=s eligibility to exercise an 100, and 2.  The right to assert that some or all of plaintiff=s remaining claims are barred by the nationwide class action settlement agreement.

     In the event that plaintiff re-files any claim or action related to pph and arising out of the use of pondimin or redux, plaintiff shall re-file such claim or action in federal court only.     This stipulation is filed on behalf of plaintiff and all defendants who have appeared in the above-captioned matter, those being wyeth ad wyeth pharmaceuticals.

2/12/04

  3255

Re: Debra Weggenmann v. AHP (03-20300)

     AND NOW, this 12th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to federal rule of civil procedure 41(a)(1)(ii), that the complaint in the above-captioned case is hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.

     This stipulation is filed on behalf of plaintiff and defendant AHP, who has answered.     This stipulation does not affect any rights that plaintiff may have under the nationwide class action settlement agreement for diet drugs.  Notwithstanding the foregoing.  Plaintiff knowingly waives all opt-our rights of any kind provided by the settlement agreement, available to her in the past, at present, or at any time in the future.

2/12/04

  3256

Re: Cynthia Howard v. AHP (02-20245)

     It is hereby STIPULATED AND AGREED between plaintiffs and Wyeth, through their respective counsel, that Wyeth shall have until March 10, 2004, to file and serve a reply to the oppositions to Wyeth=s motion challenging the eligibility of plaintiffs (AMotion@)     This extension is for a period of less than 3.0 days.  No prior extension has been requested or given as to Wyeth=s reply in this matter; Wyeth granted a four-week extension of time for the filing of oppositions to the Motion.

2/12/04

  3257

Re: Sheila Brown v. AHP (99-20593) claimant, Kathleen Fox     And now, this 12th day of February, 2004, upon consideration of the Stipulation between Claimant Kathleen Fox and the AHP Settlement trust attached hereto, it is hereby ORDERED that the Stipulation if hereby approved, the Order to Show Cause regarding Claimant Kathleen Fox is discontinued, and Pretrial Order No. 3195, as it pertains to Claimant Kathleen Fox, is vacated.

2/12/04

  3258

Re: Sheila Brown v. AHP (99-20593)

     It is hereby STIPULATED and AGREED between the undersigned counsel for Certain Plaintiffs and the AHP Settlement trust that class members shall have until February 20, 2004, to respond to: 1.  The AHP Settlement Trust=s Motion to Stay Payment of all Claims submitted by Petroff and Associates as Primary Counsel or Co-Counsel and for Expedited Discovery; and 2.  The AHP Settlement trust=s Motion to Disqualify all Petroff and Associates= Echocardiograms from Supporting Claims for Benefits.     This extension is for a period of less than 30 days.  No prior extension has been requested or given in this mater.

2/12/04

  3259

Re: Elaine S. Rand v. Wyeth (03-20260)

     AND NOW, this 12th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED that any and all claims of Plaintiff Elaine S. Rand in the above-captioned case related to PPH are hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees relating to the dismissal of these claims.

     Plaintiff doe not contend that she currently has pph, she has submitted and intermediate opt-out (100) form, and intends to pursue at this time only her valvular heart disease (vhd) claims, as alleged in her complaint.

     This stipulation shall affect only plaintiff=s pph claims.  Plaintiff=s vhd claims remain pending, and defendants retain the right to assert any and all defenses against those claims to which they may be entitled.  Specifically, and not by way of limitation, defendants retain: 1.  The right to challenge plaintiff=s eligibility to exercise an 100, and 2.  The right to assert that some or all of plaintiff=s remaining claims are barred by the nationwide class action settlement agreement.

     In the event that plaintiff re-files any claim or action related to pph and arising out of the use of pondimin or redux, plaintiff shall re-file such claim or action in federal court only.     This stipulation is filed on behalf of plaintiff and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth pharmaceuticals

2/12/04

  3260

Re: Sheila Brown v. AHP (99-20593) Claimant: Carol Goldstone     And now, this 12th day of February, 2004, upon consideration of the Stipulation between Claimant Carol Goldstone and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Carol Goldstone is discontinued, and pretrial order No. 3077, as it pertains to claimant Carol Goldstone, is vacated.

2/13/04

  3261

Re: Sheila Brown v. AHP (99-20593) claimants: Jacqueline Carter and Stephen Carter, II

     AND NOW, this 13th day of February, 2004, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:

     1.  The denial of Matrix A benefits for class member Jacqueline Carter is AFFIRMED; and      2.  The denial of benefits for Stephen Carter, II, son of class member Jacqueline Carter, for lack of proof is AFFIRMED.

2/13/04

  3262

Re: Sheila Brown v. AHP (99-20593) claimants: Michelle Baffi-Marciano, Douglas Brossett, Howard Chesloff, Laura Cupery, Darla Gifford, Dessie Hamilton, Lisa Julio, John Kereks, Sheila Partain & Fred Quatrocky

ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS...

2/17/04

  3263

Re: All Actions     AND NOW, TO WIT, this 17th day of February, 2004, upon consideration of the Thirty-Seventh application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (12/1/03 through 12/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that AHP Settlement Trust reimburse the Special Master for disbursements and compensation for legal fees in the amount of $88,222.27 for the period from 12/1/03 through 12/31/03, in accordance with the procedure established by the Court.

2/17/04

  3264

Re: All Actions     AND NOW, TO WIT, this 17th day of February, 2004, upon consideration of the Twenty-First Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (12/1/03 through 12/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements and compensation for legal fees in the amount of $5,472.91 for the period from 12/1/03 through 12/31/03, in accordance with the procedure established by the Court.

2/17/04

  3265

Re: All Actions     AND NOW, TO WIT, this 17th day of February, 2004, upon consideration of the Sixty-Ninth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (12/1/03 through 12/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it directed that the parties reimburse the Special Discovery Master for disbursements and compensation for legal fees in the amount of $50,709.12 for the period from 12/01/03 through 12/31/03, in accordance with the procedure established by the Court

2/17/04

  3266

Re: All Actions     AND NOW, TO WIT, this 17th day of February, 2004, upon consideration of the Forty-Third Application by escrow Agent for Interim Compensation and Reimbursement of Expenses (12/01/03 through 12/31/03), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that the parties reimburse the Escrow Agent for disbursements and compensation for legal fees in the amount of $13,958.71 for the period form 12/01/03 through 12/31/03, in accordance with the procedure established by the Court

2/18/04

  3267

Re: Shirley Jobe v. Wyeth (03-20232)

     On motion ore tenus of plaintiff, Deborah Davis, and the court being advised that there is no objection to the same, it is therefore     ORDERED AND ADJUDGED that defendant, S. Jay McDuffie, M.D., is hereby dismissed without prejudice as to Deborah Davis=s claims only.  This dismissal does not affect Deborah Davis=s claims against any other defendant, nor does it affect any other plaintiff=s claims against Dr. McDuffie.  The Court further finds there is no just reasons for any delay in the entry of this Order

2/18/04

  3268

Re: Elaine Candelaria v. AHP (02-20173)

     It is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claim of plaintiff Elaine Candelaria in the above Captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation, which complies with Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, is without prejudice to any rights plaintiff may have or may accrue under the Nationwide Class Action Settlement or any amendment thereto.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.  This stipulation may be executed in counterpart and facsimile signatures are as effective as original signatures.

2/18/04

  3269

Re: Christopher Devicariis v. AHP (02-20175)

     It is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claim of plaintiff Christopher Devicariis in the above Captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation, which complies with Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, is without prejudice to any rights plaintiff may have or may accrue under the Nationwide Class Action Settlement or any amendment thereto.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.  This stipulation may be executed in counterpart and facsimile signatures are as effective as original signatures.

2/18/04

  3270

Re: Martha Rivera Kahoe v. AHP (02-20176)

     It is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claim of plaintiff Martha Rivera Kahoe in the above Captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation, which complies with Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, is without prejudice to any rights plaintiff may have or may accrue under the Nationwide Class Action Settlement or any amendment thereto.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.  This stipulation may be executed in counterpart and facsimile signatures are as effective as original signatures.

2/18/04

  3271

Re: Elliott Kalt v. AHP

     It is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claim of plaintiff Elliott Kalt in the above Captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation, which complies with Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, is without prejudice to any rights plaintiff may have or may accrue under the Nationwide Class Action Settlement or any amendment thereto.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.  This stipulation may be executed in counterpart and facsimile signatures are as effective as original signatures.

2/18/04

  3272

Re: Tammy Sateriale v. AHP (02-20169)

     It is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claim of plaintiff Tammy Sateriale in the above Captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation, which complies with Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, is without prejudice to any rights plaintiff may have or may accrue under the Nationwide Class Action Settlement or any amendment thereto.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.  This stipulation may be executed in counterpart and facsimile signatures are as effective as original signatures.

2/18/04

  3273

Re: Sherry Walker v. AHP (02-20180)

     It is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claim of plaintiff Sherry Walker in the above Captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation, which complies with Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, is without prejudice to any rights plaintiff may have or may accrue under the Nationwide Class Action Settlement or any amendment thereto.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.  This stipulation may be executed in counterpart and facsimile signatures are as effective as original signatures.

2/18/04

  3274

Re: David Wright v. AHP (02-20178)

     It is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claim of plaintiff David Wright in the above Captioned case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation, which complies with Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, is without prejudice to any rights plaintiff may have or may accrue under the Nationwide Class Action Settlement or any amendment thereto.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.  This stipulation may be executed in counterpart and facsimile signatures are as effective as original signatures.

2/18/04

  3275

Re: Julius L. Anderson v. Wyeth (03-20361)

     AND NOW, this 18th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiffs Wesley Galloway, Sr., Sonja Jones and Dorothy McKenzie in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/18/04

  3276

Re: Julius Anderson v. Wyeth, Steven Farrell, M.D. (03-20361)

     On motion ore tenus of plaintiff, Bobby Bunch, and the court being advised that there is no objection to the same, it is therefore     ORDERED AND ADJUDGED that defendant, Steven Farrell, M.D., is hereby dismissed with prejudice as to Bobby Bunch=s claims only.  This dismissal does not affect Bobby Bunch=s claims against any other defendant, nor does it affect any other plaintiff=s claims against Dr. Farrell.  The Court further finds there is no just reason for any delay in the entry of this Order

2/18/04

  3277

Re: Williette Neason v. AHP (03-20154)

     COME NOW, plaintiff Williette Neason Individually, and all Defendants, by and through counsel of record, and hereby submit this Stipulation of Dismissal with Prejudice ursuant to the provisions of Fed.R.Civ.P. 41(a)(1) and Fed.R.Civ.P. 41(a)(2).  The parties request that all claims and this lawsuit be dismissed with prejudice.  This stipulation does not apply to any previously dismissed plaintiff(s).     Each party shall bear their own respective costs and attorneys= fees incurred in this action

2/18/04

  3278

Re: Charlese Carter v. AHP (03-20158)

     COME NOW, plaintiff Charlese Carter Weaver, Individually, and all Defendants, by and through counsel of record, and hereby submit this Stipulation of Dismissal with Prejudice pursuant to the provisions of Fed.R.Civ.P. 41(a)(1) and Fed.R.Civ.P. 41(a)(2).  The parties request that all claims and this lawsuit be dismissed with prejudice.  This stipulation does not apply to any previously dismissed plaintiff(s).     Each party shall bear their own respective costs and attorneys= fees incurred in this action.

2/18/04

  3279

Re: Katie Weaver v. AHP (03-20153)

     COME NOW, plaintiff Katie Weaver, Individually, and all Defendants, by and through counsel of record, and hereby submit this Stipulation of Dismissal with Prejudice pursuant to the provisions of Fed.R.Civ.P. 41(a)(1) and Fed.R.Civ.P. 41(a)(2).  The parties request that all claims and this lawsuit be dismissed with prejudice.  This stipulation does not apply to any previously dismissed plaintiff(s).     Each party shall bear their own respective costs and attorneys= fees incurred in this action

2/18/04

  3280

Re: All Actions FILED UNDER SEAL...

2/18/04

  3281

Re: Perry Michael French v. Wyeth (03-20353)

     AND NOW, this 18th day of February, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiffs to remand to the Circuit Court of Jones County Mississippi is DENIED; and     2.  All claims against defendants Eric Dyess, M.D., Arthur Wood, M.D., Earl Lee Stewart, M.D., William Edwin Powell, M.D., John M. Beaman, M.D., Jacob E. Ulmer, M.D., Stephen A. Tramill, M.D., Todd Fulcher, M.D., E. Kelton Pace, M.D., Stanford Owen, M.D., and Richard Miller, M.D. are DISMISSED.

2/20/04

  3282

Re: Sheila Brown, Sharon Gaddie, Jose Gaddie, Vivian Naugle, Quentin Layer, Joan S. Layer, Joby Jackson-Reid and Harvey E. Reed v. AHP (99-20593) claimant: Linda Scott

     It is hereby STIPULATED AND AGREED between plaintiffs and Wyeth, through their respective counsel, that Wyeth shall have until March 11, 2004, to file and serve a reply to the opposition Wyeth=s Motion Pursuant to PTO 2383 for an Order Enforcing PTO 1415 Against Class Member Linda Scott, Who Has Asserted Claims Allegedly Based on PPH.     This extension is for a period of less than thirty (30) days.  No prior extension has been requested or given as to Wyeth=s reply in this matter.  Wyeth grated a four-week extension of time for the filing of opposition to the Motion.

2/20/04

  3283

Re: Monica Bourgeault v. Wyeth (03-20148)     AND NOW, this 20th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the petition in the above-captioned case is hereby dismissed without prejudice as only to Defendants EON LABS MANUFACTURING, INC., GOLDINE LABORATORIES, INC. and IVAX CORPORATION, with each party to bear its own costs and counsel fees

2/20/04

  3284

Re: Margaret and Richard Hornberger v. Wyeth (03-20257)     AND NOW, this 20th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the petition in the above-captioned case is hereby dismissed without prejudice as only to Defendants EON LABS MANUFACTURING, INC., GOLDINE LABORATORIES, INC. and IVAX CORPORATION, with each party to bear its own costs and counsel fees

2/23/04

  3285

Re: Sheila Brown v. AHP (99-20593)

     It is hereby STIPULATED and AGREED between Claimants and Wyeth, through their respective counsel, that Claimants have until March 1, 2004 to respond to Wyeth=s Motion for a Temporary Stay of Processing and Payment of ANon-Priority@ Matrix Claims to Preserve Available Funding.     This extension is for a period of less than thirty (30) days.  This is the second extension requested or given in this matter.

2/23/04

  3286

Re: Annette Kerr, et al. v. Ed Stewart, Lee Rittenhouse, Mona Motz, Pamela Hiti, Lee Frye, AHP and Wyeth (03-20014)

     It is hereby STIPULATED AND AGREED between plaintiffs Annette Kerr and Roberta Rains and Wyeth, through their respective counsel, that Wyeth shall have until March 3, 2004, to file and serve a reply to the opposition of plaintiffs Annette Kerr and Roberta Rains to Wyeth=s Motion Challenging the Eligibility of Plaintiffs Annette Kerr and Roberta Rains (AMotion@) and a reply or other response to the amicus curiae briefs filed on behalf of other class members.     This extension is for a period of less than thirty (30) days.  Wyeth stipulated to an identical extension of time for plaintiffs Annette Kerr and Roberta Rains to file their opposition to the Motion and for certain class members to file amicus curiae briefs in response to the motion.

2/23/04

  3287

Re: Lana Smith v. Jasper D. Moore (03-20590)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Linda C. Grantham in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/23/04

  3288

Re: Vickie Magee v. Wyeth, Inc. (03-20599)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Barbara Conner in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/23/04

  3289

Re: Mary Killebrew v. Wyeth (03-20229)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Larry Killebrew in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/23/04

  3290

Re: Julius Anderson v. Wyeth, John Beaman, M.D. (03-20361)

     On motion ore tenus of plaintiff, Janet Baldwin, and the court being advised that there is no objection to the same, it is therefore     ORDERED AND ADJUDGED that defendant, John Beaman, M.D., is hereby dismissed with prejudice as to Janet Baldwin=s claims only.  This dismissal does not affect Janet Baldwin=s claims against any other defendant, nor does it affect any other plaintiff=s claims against Dr. Beaman.  The Court further finds there is no just reason for any delay in the entry of this Order

2/23/04

  3291

Re: Mona Allen-Kelly v. Calvin Masterson, M.D. (03-20379)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Mona Allen-Kelly in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/23/04

  3292

Re: Cynthia Howard v. Wyeth (02-20245)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiffs Jennifer C. Little and Robert C. Little in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/23/04

  3293

Re: Angela Martin v. Wyeth (03-20329)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiffs Shirley Mapp, Jafus Jackson and Curtis Bender in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.



2/23/04

  3294

Re: Ida Haynes v. Wyeth (03-20143)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.

     In the event that Plaintiff re-files any claim or action, whatsoever, arising out of the use of Pondimin or Redux, Plaintiff agrees to re-file in, and shall only re-file in, the United States District Court for the District in which the plaintiff resides.     This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth, Wyeth, Inc., AHP, A.H. robins Company, Wyeth Pharmaceuticals, Inc., Wyeth-Ayerst, Wyeth Laboratories, U.S. Medical Weight Loss Centers and Vanessa O. Johnson, M.D.

2/23/04

  3295

Re: Audrey Miller v. Wyeth (03-20491)     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its won costs and counsel fees....

2/23/04

  3296

Re: Diane Maxwell v. AHP (03-20079)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees.

     In the event that Plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall re-file such claim in federal court only.     This Stipulation is filed on behalf of Plaintiff and all Defendants who have appeared in the above-captioned matter, those being Wyeth, AhP Subsidiary Holding Corporation, Interneuron Pharmaceuticals, Inc., Smithkline Beecham Corporation, Jones Pharma Inc., Medeva Pharmaceuticals, Inc., and Goldline Laboratories

2/23/04

  3297

Re: Maurice Myles v. AHP (03-20392)

     AND NOW, this 23rd day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1), that the claims of plaintiff Maurice Myles in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.  This stipulation disposes of the claims of the only plaintiff in the above listed action as against all named defendants.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/23/04

  3298

Re: Pauline Berry v. Wyeth, Lloyd G. Hopkins, M.D. (02-20243)

     On motion ore tenus of plaintiff, Pauline Berry, and the court being advised that there is no objection to the same, it is therefore     ORDERED AND ADJUDGED that defendant, Lloyd G. Hopkins, M.D., is hereby dismissed without prejudice as to Pauline Berry=s claims only.  This dismissal does not affect Pauline Berry=s claims against any other defendant, nor does it affect any other plaintiff=s claims against Dr. Hopkins.  The Court further finds there is no just reason for any delay I the entry of this Order

2/23/04

  3299

Re: Angela Rene Squires v. AHP (02-20251)

     AND NOW, TO WIT: this 23rd day of February, 2004, it having been reported that the issues between the parties in the above action have been settled and upon Order of the Court pursuant to the provisions of Rule 41.1(b) of the local Rules of Civil Procedure of this Court, it is

     ORDERED that the above action is DISMISSED with prejudice as to all named defendants, pursuant to agreement of counsel without costs.     It is FURTHER ORDERED that this case can be marked closed.

2/24/04

  3300

Re: Jacqueline Burge v. Dennis Sims, M.D. (03-20299)

     AND NOW, this 24th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Willie Mae Mack in the above-captioned case are hereby dismissed with prejudice as to all named defendant, with each party to bear its own costs and counsel fees.     This stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/24/01

  3301

Re: Vickie Magee v. Wyeth, Inc. (03-20359)

     AND NOW, this 24th day of February, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Vickie Magee in the above-captioned case is hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

2/24/04

  3302

Re: Helen Davis v. Wyeth (03-20069)

     AND NOW, this 24th day of February, 2004, it hereby STIPULATED, ORDERED, ADJUDGED AND DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) that the Stipulation to Dismiss as to Plaintiff Helen Davis in the above-captioned case is hereby dismissed with prejudice as to defendant, Eckerd Corporation, with each party to bear its own costs and counsel fees.  Plaintiff no longer wishes to pursue her causes of action against Defendant, Eckerd Corporation (please see Exhibit A).  This stipulation and order dismisses with prejudice all claims asserted in the petition by plaintiff Helen Davis. 

     Further, this Order shall not affect any right to which plaintiff Helen Davis may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth.     This stipulation is filed on behalf of plaintiff Helen Davis and Defendant, Eckerd Corporation and the clerk may close this file.

2/24/04

  3303

Re: Carolyn Taylor v. Wyeth (03-20068)

     AND NOW, this 24th day of February, 2004, it hereby STIPULATED, ORDERED, ADJUDGED AND DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) that the Stipulation to Dismiss as to Plaintiff Carolyn Taylor is in the above-captioned case is hereby dismissed with prejudice as to defendant, Eckerd Corporation, with each party to bear its own costs and counsel fees.  Plaintiff no longer wishes to pursue her causes of action against Defendant, Eckerd Corporation (please see Exhibit A).  This stipulation and order dismisses with prejudice all claims asserted in the petition by plaintiff Carolyn Taylor. 

     Further, this Order shall not affect any right to which plaintiff Helen Davis may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth.     This stipulation is filed on behalf of plaintiff Helen Davis and Defendant, Eckerd Corporation and the clerk may close this file.

2/24/04

  3304

Re: Saundra Williams (03-20244), Jerry Stevens (03-20248), Dorothy House (03-20247), Paula Fowler (03-20255) & Lois Brady (03-20322) v. Wyeth

     AND NOW, this 24th day of February, 2004, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:

2/24/04

  3305

Re: Joyce Ann Allen (03-20310), Brenda Barnett (03-20239), Sarah Brooks (03-20318), Loretta Grant (03-20330), David Pickering (03-20302), Betty Ramshur (03-20333), Roy Simmons (03-20319), Trina Waters (03-20323), Anthony Watson (03-20296), Dorothy Winters (03-20170), Paul Woodcock (03-20273) Jamie Woods (03-20272) v. Wyeth

     AND NOW, this 24th day of February, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:...

2/27/04

  3306

Re: Sheila Brown v. AHP (99-20593) Claimant: Connie Brock     And now, this 27th day of February, 2004, upon consideration of the Stipulation between Claimant Connie Brock and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding claimant Connie Brock is discontinued, and Pretrial Order No. 3148, as it pertains to Claimant Connie Brock, is vacated.

2/27/04

  3307

Re: Sheila Brown v. AHP (99-20593) Claimant: Robert Rowe     And now, this 27th day of February, 2004, upon consideration of the Stipulation between Claimant Robert Rowe and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding claimant Robert Rowe is discontinued, and Pretrial Order No. 3148, as it pertains to Claimant Robert Rowe, is vacated.

2/27/04

  3308

Re: Sheila Brown v. AHP (99-20593) Claimant: Muriel Demer     And now, this 27th day of February, 2004, upon consideration of the Stipulation between Claimant Muriel Demer and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding claimant Mitchell Demer is discontinued, and Pretrial Order No. 3148, as it pertains to Claimant Muriel Demer, is vacated

2/27/04

  3309

Re: Sheila Brown v. AHP (99-20593) Claimant: Eloisa Salas