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The Official MDL - 1203 Web Site
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FENPHEN MDL-1203 Offical
Website for the United States Courts' Multidistrict Litigation,
Action No. 1203, In Re: Diet Drugs
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09/08/03
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3000
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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. |
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09/08/03
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3001
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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. |
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09/08/03
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3002
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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. |
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09/09/03
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3003
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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. |
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09/08/03
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3004
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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. |
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09/15/03
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3005
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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. |
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09/16/03
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3006
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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. |
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09/16/03
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3007
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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: |
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09/16/03
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3008
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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: |
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09/16/03
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3009
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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: |
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09/16/03
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3010
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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: |
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09/16/03
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3011
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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: |
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09/16/03
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3012
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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: |
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09/16/03
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3013
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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: |
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09/16/03
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3014
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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. |
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09/16/03
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3015
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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 |
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09/16/03
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3016
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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. |
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09/16/03
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3017
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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. |
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09/16/03
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3018
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Re: All Actions - FILED UNDER SEAL |
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09/16/03
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3019
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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: |
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09/16/03
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3020
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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: |
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09/17/03
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3021
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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. |
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09/17/03
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3022
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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. |
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09/18/03
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3023
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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. |
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09/18/03
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3024
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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. |
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09/19/03
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3025
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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 |
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09/19/03
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3026
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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. |
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09/19/03
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3027
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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. |
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09/22/03
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3028
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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. |
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09/22/03
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3029
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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. |
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09/22/03
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3030
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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. |
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09/24/03
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3031
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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 |
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09/24/03
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3032
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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. |
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09/26/03
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3033
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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. |
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09/26/03
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3034
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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. |
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09/29/03
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3035
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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. |
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09/29/03
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3036
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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: |
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09/29/03
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3037
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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. |
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10/01/03
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3038
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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. |
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10/01/03
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3039
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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. |
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10/01/03
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3040
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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. |
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10/01/03
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3041
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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. |
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10/01/03
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3042
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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. |
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10/01/03
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3043
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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. |
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10/01/03
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3044
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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. |
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10/01/03
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3045
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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. |
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10/01/03
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3046
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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 |
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10/01/03
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3047
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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. |
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10/01/03
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3048
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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. |
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10/01/03
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3049
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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. |
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10/01/03
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3050
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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. |
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10/01/03
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3051
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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. |
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10/01/03
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3052
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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. |
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10/01/03
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3053
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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. |
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10/06/03
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3054
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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. |
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10/06/03
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3055
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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. |
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10/06/03
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3056
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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 |
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10/06/03
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3057
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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. |
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10/07/03
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3058
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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. |
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10/08/03
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3059
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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 |
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10/08/03
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3060
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Re: All Actions FILED UNDER SEAL |
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10/08/03
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3061
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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. |
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10/08/03
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3062
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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. |
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10/08/03
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3063
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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. |
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10/08/03
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3064
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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. |
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10/10/03
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3065
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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 |
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10/10/03
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3066
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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. |
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