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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. |
|
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 | 3232 | Re: 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 |
| | | | |