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FENPHEN MDL-1203

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



PTOs 3500-3999


5/03/04

  3500

Re: Sandra Sorrell v. AHP (04-20086)

     AND NOW, this 3rd day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing an severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 04-20086, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint will result in the dismissal with prejudice of any and all claims asserted by the plaintiff

5/04/04

  3501

Re: Patricia Brown v. Wyeth (03-20335)

     AND NOW, this 4th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiffs in Patricia Brown v. Wyeth to remand to the Circuit Court of Marshall Count, Mississippi is DENIED; and     2.  All claims in Brown against Defendant D&B Discount Drugs, Inc., Eckerd Corporation, Rite-Aid/K&B Mississippi Corporation, Howard Clark, M.D., S. Rao Rayudu, M.D., J.R. Todd, M.D. and Timothy Widdle are DISMISSED.

5/04/04

  3502

Re: Clifton Bode, Jr (04-20200), Cynthia Creel (04-20178), Jim Humphries (04-20206), Maudie McLaughlin (04-20172) & Robin Reed (04-20185) v. Wyeth

     On this day came to be heard Wyeth=s Motion for Extension of Time to Respond to Plaintiffs= Pending Motions to Remand.  The Court, after reviewing the Motion, is of the opinion that the Motion should be GRANTED in its entirety.      IT IS, THEREFORE, ORDERED that Wyeth=s deadline to file its response to Plaintiffs= pending Motions to Remand is extended to May 13, 2004.

5/04/04

  3503

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 4th day of May, 2004, because of a mistake in referring to Amitral valve regurgitation@ rather than Aaortic valve regurgitation@ in PTO 3490, it is hereby ORDERED that...

5/04/04

  3504

Re: Mary E. Pieralisil v. AHP (03-20585)     IT IS HEREBY STIPULATED by and between plaintiff, Susan Brewer, Medeva Pharmaceuticals, Inc. and Gate Pharmaceuticals, a Division of Teva Pharmaceuticals USA, Inc. (ADefendants@), through their respective counsel, that the Complaint filed by Susan Brewer against Defendants in the above-captioned matter is dismissed with prejudice as to Defendants only and without costs to either party.  This dismissal is only as to Defendants Medeva Pharmaceuticals, Inc., and Gate Pharmaceuticals, a Division of Teva Pharmaceuticals USA, Inc. and does not affect any claims Plaintiff has against the remaining Defendants, which remain pending.

5/04/04

  3505

Re: Gladys Walton v. AHP (03-20589)     IT IS HEREBY STIPULATED by and between Plaintiff, Vickie Dvorak and Medeva Pharmaceuticals, Inc. (ADefendant@), through their respective counsel, that the Complaint filed by Vickie Dvorak against Defendant in the above-captioned matter is dismised with prejudice as to Defendant only and without costs to either party.  This dismissal is only as to Defendant Medeva Pharmaceuticals, Inc., and does not effect any claims Plaintiff has against the remaining Defendants, which remain pending.

5/04/04

  3506

Re: Gladys Walton v. AHP (03-20589)     IT IS HEREBY STIPULATED by and between Plaintiff, Brenda Cavanaugh and Medeva Pharmaceuticals, Inc. (ADefendant@), through their respective counsel, that the Complaint filed by Vickie Dvorak against Defendant in the above-captioned matter is dismised with prejudice as to Defendant only and without costs to either party.  This dismissal is only as to Defendant Medeva Pharmaceuticals, Inc., and does not effect any claims Plaintiff has against the remaining Defendants, which remain pending.

5/04/04

  3507

Re: Gladys Walton v. AHP (03-20589)     IT IS HEREBY STIPULATED by and between Plaintiff, Penny Avant and Medeva Pharmaceuticals, Inc. (ADefendant@), through their respective counsel, that the Complaint filed by Vickie Dvorak against Defendant in the above-captioned matter is dismised with prejudice as to Defendant only and without costs to either party.  This dismissal is only as to Defendant Medeva Pharmaceuticals, Inc., and does not effect any claims Plaintiff has against the remaining Defendants, which remain pending.

5/04/04

 3508

Re: Sheila Brown v. AHP (99-20593) claimant: Mariette Featherstone     And now, this 4th day of May, 2004, upon consideration of the stipulation between Claimant Mariette Featherstone and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Mariette Featherstone is discontinued, and Pretrial Order No. 3380, as it pertains to Claimant Mariette Featherstone, is vacated.

5/04/04

 3509

Re: All Actions - FILED UNDER SEAL...

5/04/04

  3510

Re: Lois Brady v. Wyeth (03-20322)     AND NOW, this 4th day of May, 2004, it is hereby ORDERED that PTO No. 3304 is amended to add that all claims in Lois Brady v. Wyeth against defendant Kent Allen Darsey are DISMISSED.

5/06/04

  3511

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

    Stay relating to Matric Level I and H Claims

     AND NOW, upon consideration of the Joint Motion for Stay submitted by Class Counsel, Wyeth, and Counsel for certain individual Class Members, and pursuant to Court=s authority under Sections VI.C.5 and VLE.8 of the Settlement Agreement, it is hereby ORDERED:

5/11/04

  3512

Re: Kenya Brister v. Wyeth (03-20558)

     AND NOW, this 11th day of May, 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 the plaintiff identified in the complaint as AMr. Gibbs@ and the claims of plaintiffs Randy Hill (identified in the Complaint as AMr. Hill@) and Sandra Hogue in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own coasts 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 undersigned counsel of record.

5/10/04

 3513

Re: Robert McDonald v. Wyeth (03-20190)

     WHEREAS, Wyeth has filed a Motion of Wyeth, Wyeth Pharmaceuticals Inc. and AHP Subsidiary Holding Corporation to dismiss plaintiff= Summons and Complaint for lack of personal jurisdiction and insufficient service of process, or to dismiss and/or transfer for improper (the AMotion@); and

     WHEREAS, the plaintiffs and Wyeth Defendants hve reached an agreement concerning a portion of the motion whereby the claims of ne nonresident plaintiff in this case, Sharon Washington (hereinafter ANonresident Plaintiff@) are to be dismissed without prejudice as against all defendants.  Further, the Wyeth Defendants agree that if the statute of limitations ran as against any Wyeth Defendant herein during the period of time beginning on the date the Robert McDonald complaint was filed in Mississippi state court and the end of the aforesaid sixty-day period.

     NOW THEREFORE, it is hereby STIPULATED, ORDERED ADJUDGED AND DECREED, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure that the claims of the Nonresident Plaintiff shall be, and the same are hereby, dismissed without prejudice as against all defendants with each party to bear its own costs and attorney=s fees.

     This Stipulation is filed on behalf of all Plaintiffs, the Nonresident Plaintiff and all defendants who have appeared in the above-captioned matter.

5/11/04

  3514

Re: Annette Kerr v. Ed R. Stewart (03-20014)     AND NOW, this 11th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of Patrick J. Mulligan and his unknown client for a protective order to seal Exhibit AH@ is DENIED.

5/10/04

 3515

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 10th day of May, 2004, it is hereby ORDERED that the evidentiary hearing scheduled pursuant to Pretrial Order No. 3511 for Thursday, May 13, 2004, is cancelled.

5/11/04

3516

Re: Maria Briagas (04-20294), Minnie Bush (04-20296), Herbert Cady (04-20300), Amy Cossey (04-20299), Alicia Gaskin (04-20297), Robin Green (04-20304), Helen Krenek (04-20295), Maria Mendez (04-20298) & JoAnn Poor (04-20550) v. Wyeth

     AND NOW, this 11th day of May, 2004, upon consideration Wyeth=s Motion to Exceed Page Limits for its Memorandum in Consolidated Response to Plaintiffs= Motions to Remand in the above cases, The Court finds that Wyeth=s motion has merit and should be granted.  It is, accordingly,     ORDERED that Wyeth=s Motion to Exceed Page Limits for its Memorandum in the Consolidated Response to Plaintiffs= Motions to Remand is hereby GRANTED.  The Memorandum may not exceed 40 pages.

5/12/04

  3517

Re: Pam Chouteau (03-20315) & Constance Kight (03-20201) v. Wyeth

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

     1.  The motion of plaintiffs in Pam Chouteau, et al. v. Wyeth to remand to the Circuit Court of Hinds County, Mississippi is DENIED;

     2.  All claims in Chouteau against defendants David Richardson, M.D., Calvin T. Hull, James D. Polk, M.D., Charles Joseph Gruich, M.D., Leland Ray Kendrick, and Lynn Earl Leatherwood, M.D. are DISMISSED;

     3.  The motion of plaintiffs in Constance Kight, et al. v. Wyeth to remand to the Circuit Court of Yazoo County, Mississippi is DENIED; and     4.  All claims against Billy Morris Wansley, M.D., Dr. Margaret Powell, Dr. Walter Rose, Dr. Lynn Earl Leathewood, Dr. Karen Yaltah Mullen, Dr. Maria Montez Moman, Dr. Roger Mantalvo Bradford, Dr. Charles Joseph Gruich, Dr. Norman Lee Morris, Dr. Forster Gehring Ruth, Jr., and Dr. Dimitri A. Yanez are DISMISSED.

5/12/04

  3518

Re: Carol J. Arce (04-20129), Beverly M. Boehm (04-20103), Lela M. Burgess (04-20112), Kimberly Coffey (04-20128), Mary Low Diehm (04-20119), vivian E. Edwards (04-20117), Dorothy E. Endsley (04-20126), Sherryle J. Groce (04-20118), Christina Grigorian (04-20123), Linda L. Jones (04-20113), Betty Jordan (04-20108), Betty Krolczyk (04-20136), Kochetia L. Morman (04-20109), Coralynn Palmer (04-20121), Theresa Y. Robbins (04-20139), Sharon Ann Tucker (04-20122), Edwaina L. Volkmann (04-20124) & Dolores A. Zamanian (04-20138) v. Wyeth

     On this day came to be heard Wyeth=s Motion for Extension of Time to Respond to Plaintiffs= Pending Motions to Remand.  The Court, after reviewing the Motion, is of the opinion that the Motion should be GRANTED in its entirety.     IT IS, THEREFORE, ORDERED that Wyeth=s deadline to file its response to Plaintiffs= pending Motions to Remand is extended to June 9, 2004.  No further extensions will be granted.

5/12/04

 3519

Re: Karen Anstead (03-20484), Wanda Bolt (03-20543), Sandra Cook (03-20435), Jane Ann Gaffney (03-20483), Judy Graham (03-20436), Billy Harris (03-20562), Willeen Hughes (03-20437), Maria Martinez (03-20559), Carla Mathews (03-20556) v. Wyeth

On this day came to be heard Wyeth=s Motion for Extension of Time to Respond to Plaintiffs= Pending Motions to Remand.  The Court, after reviewing the Motion, is of the opinion that the Motion should be GRANTED in its entirety.     IT IS, THEREFORE, ORDERED that Wyeth=s deadline to file its response to Plaintiffs= pending Motions to Remand is extended to June 9, 2004.  No further extensions will be granted

5/12/04

 3520

Re: Mary Lu Dawson (04-20043), roberta Francis (04-20044), Rosa Garza (03-20603), Retta Hansen (04-20042), Gloria Hill (03-20818), Joyce Holloway (04-20060), Helen Jackson (03-20641), Betty Jones (04-20050), Gay Kunesh (04-20065), Tami McCarver (03-20852), Maurene Moffett (04-20061), Cynthia Moore (04-20051), Roney Nazarian (04-20063), Lillie padgitt (04-20046), Gary Peterson (04-20059), Cherrish Pettey (04-20040), Penni Phillips (03-20816), Anne Rozelle (04-20057), Thomas Scholtzhauer (03-20823), Bitt Trapp (04-20056) & Marjorie Treadway (04-20041) v. Wyeth

On this day came to be heard Wyeth=s Motion for Extension of Time to Respond to Plaintiffs= Pending Motions to Remand.  The Court, after reviewing the Motion, is of the opinion that the Motion should be GRANTED in its entirety.     IT IS, THEREFORE, ORDERED that Wyeth=s deadline to file its response to Plaintiffs= pending Motions to Remand is extended to June 9, 2004.  No further extensions will be granted

5/12/04

  3521

Re: Plaintiff=s Motion for a Protective Order to Seal Exhibit AH@     AND NOW, this 12th day of May, 2004, it is hereby ORDERED that the agreed motion to extend time to reply to Wyeth=s opposition to the motion for a protective order (Doc. #205635) is DENIED as moot.

5/12/04

 3522

Re: Shirley Scott v. Wyeth (03-20198)

     AND NOW, this 12th day of May, 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 Henry 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 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.

5/12/04

  3523

Re: Beverly Despain v. Wyeth (02-20166)

     AND NOW, this 12th day of May, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that all claims of plaintiff Beverly Despain 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 Beverly Despain 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 Beverly Despain and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals.

5/12/04

  3524

Re: Scott Rubin v. AHP (03-20370)     IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, and their undersigned attorneys, that the above cause may be dismissed with prejudice as to Smithkline Beecham Corporation ONLY, each party to bear its own attorney=s fees and costs

5/12/04

  3525

Re: Agnes Ash (04-20227) & Blanche Weldon (04-20167) v. Wyeth

     AND NOW, this 12th day of May, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Procedure 41(a)(1)(ii), that the Complaints in the above captioned case are hereby dismissed without prejudice as to all the named Defendants, with each party to bear its own costs and counsel fees.

     The voluntary dismissal of the defendants are conditioned upon the following:

     In the event that these plaintiffs who are voluntarily dismissing their civil actions decide to initiate a future lawsuit against all or any of the defendants who have been voluntarily dismissed, the plaintiffs shall do so in a USDC.  Any plaintiff who initiates any such further lawsuit shall be subject to all terms and conditions of the Nationwide Class Action Settlement with AHP (as amended), dated November 18, 1999.     In the event that the above plaintiffs who are voluntarily dismissing their civil actions initiate a future lawsuit in the US District Court against all or any of the defendants who have been voluntarily dismissed with prejudice, the defendants will not seek dismissal by asserting any threshold defense that was not available to the defendants at the time these cases were dismissed including any defense based on statute of limitations or repose, the doctrines of laches, or any other defense predicated on the failure to timely pursue a claim, as set forth in Sections IV.D. 3.c or 4.c of the Nationwide Class Action Settlement with AHP (as amended), dated November 18, 1999...

5/12/04

  3526

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

     AND NOW, this 12th day of May, 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 Taylor Allen Flowers 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.

5/12/04

  3527

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

     AND NOW, this 12th day of May, 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 Melvin Tingle 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.

5/12/04

 3528

Re: Robert McDonald  v. Wyeth (03-20190)

     AND NOW, this 12th day of May, 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 JoAnn King 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.

5/12/04

  3529

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

     AND NOW, this 12th day of May, 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 George Myford 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.

5/14/04

  3530

Re: Kathy Meunier v. Wyeth, and Robert Bichon, M.D. (03-20548)     AND NOW, this 14th day of May, 2004, it is hereby ORDERED, ADJUDGED and DECREED, that plaintiff is allowed until May 18, 2004 to file her Opposition to Defendant Dr. Bichon=s Motion for Summary judgment and memorandum and her reply to Wyeth=s supplemental Memorandum in Support of Wyeth=s Notice of Removal and Wyeth=s Opposition to Plaintiff=s Motion to Remand

5/14/04

 3531

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

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

     1.  The motion of plaintiffs in Pauline Berry to remand to the Circuit Court of Coahoma County, Mississippi is DENIED; and     2.  All claims in Berry against defendant Charles F. Brock, Jr. M.d., Richard Nmi Corson, M.D., L.G. Hopkins, M.D., Estate of Barry Sullivan, Patrick McLain, M.D., S.D. Austin, M.D. , and Robert F. Cooper, M.D. are DISMISSED.

5/14/04

 3532

Re: Margie Broom v. Marcus Hogan (03-20587), Cynthia Dillon v. Dennis Sims, M.D. (03-20385), Mona Allen-Kellyv. Calvin Masterson ((03-20379) and Lana Smith v. Jasper D. Moore, M.D. (03-20590)

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

5/17/04

 3533

Re: Willie Chambliss v. Dr. J. Todd (03-20288) and Jacueline Burge v. Dennis Sims (03-20299)

     AND NOW, this 17th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiffs in Willie Chambliss to remand to the Circuit Court of Jefferson County, Mississippi is DENIED;

     2.  All claims in Chambliss against Unknown Todd, M.D., Charles Tyler, M.D., forest Bratley, and Susan Bodney are DISMISSED;

     3.  The motion of plaintiffs in Jacqueline Burge to remand to the Circuit Court of Sunfloer County, Mississippi, is DENIED; and     4.  All claims in Burge against defendants Dennis Sims, M.D., Robert L. Jordan, M.D., William L. Pace, M.D., Arthur Deceased, Sr., Subbu Rayudu, M.D., L.G. Hopkins, M.D., Dr. Mirdioc, Dr. Henson, David Bullock, M.d., Sydney Kellton Pace, M.D., Forest Bratley, and susan Bodney are DISMISSED.

5/17/04

  3534

Re: Martha Green v. Wyeth (03-20234), Cynthia howard v. Wyeth (02-20245), Carolyn A. Ingram v. Wyeth (03-20236) & Shirley Scott v. Wyeth (03-20198)

     AND NOW, this 17th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:...

5/18/04

  3535

Re: Mike Cockrell v. Wyeth     AND NOW, this 18th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of plaintiffs for partial reconsideration of PTO No. 3448 is DENIED except that the first named plaintiff is not required to pay a $150.00 filing fee whn he files a severed and amended complaint

5/18/04

  3536

Re: Lisa Bishop v. Terry Lowe 03-20601, Karen Bates v. Dwalia South (03-20630), Gaither Bell v. Donald Blackwood (03-20584) & Pam Harkins v. Patrick McLain (03-20588)

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

5/18/04

  3537

Re: Kenya Brister v. Wyeth (03-20558)

     AND NOW, this 18th day of May, 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 Annie Gray and Betty Howell 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 these 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.     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.

5/18/04

 3538

Re: Betty Carol Bentley v. Wyeth (03-20187)

     AND NOW, this 18th day of May, 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 Lisa B. Covington 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 these 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.     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.

5/18/04

  3539

Re: Mike Cockrell v. Wyeth (03-20626)

     AND NOW, this 18th day of May, 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 Teena Brewster 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.

5/18/04

 3540

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

     AND NOW, this 18th day of May, 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 Linda Carter, Patricia Garth and Roberta Neilson 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 these 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.     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.

5/18/04

 3541

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 18th day of May, 2004, IT IS HEREBY ORDERED that the hearing scheduled to begin on June 14, 2004 in connection with the motion of the AHP Settlement Trust to disqualify all Echomotion echocardiograms from supporting claims for benefits is cancelled.

5/18/04

  3542

Re: Daniel Johnson v. Wyeth (03-20258)

     CONSENT ORDER FOR DISMISSAL OF DEFENDANTS MEDEVA, FISONS, AND CELLTECH WITH PREJUDICE

     Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the Parties by and through counsel of record, have stipulated and agreed to voluntarily dismiss, with prejudice, Defendants Medeva, Fisons (incorrectly identified as Fisons Pharmaceuticals in the Complaint), and Celltech as parties to this action.  All claims as asserted against all other Defendants are expressly reserved.     Accordingly, it is ORDERED that Defendants Medeva, Fisons, and Celltech are dismissed from all claims by Plaintiff Daniel Johnson in the above-styled action.

5/18/04

 3543

Re: Peggy Martinez v. AHP (02-00144)

     IT IS HEREBY STIPULATED by and between Intervenors - SEE ORDER - through their respective counsel, that the petition for intervention filed by intervenors against Defendant in the above-captioned matter is dismissed with prejudice as to this defendant only and without costs to either party.     This stipulation may be signed in counterparts and, if so signed, shall have the same force and effect as if all signatories had executed one copy

5/18/04

  3544

Re: Joyce Holcomb v. AHP (03-20762)

     AND NOW, this 18th day of May, 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 Bart Bristow 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.

5/18/04

  3545

Re: Kenya Brister  v. AHP (03-20558)

     AND NOW, this 18th day of May, 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 Connie Greer and Roger Greer 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.

5/18/04

  3546

Re: Diane Gartrell v. Wyeth (03-20341)

     AND NOW, this 18th day of May, 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 Connie Greer and Roger Greer 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 plaintiffs in the above listed action as against all named defendants.     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.

5/18/04

  3547

Re: Sandra S. Sorrell v. Wyeth (04-20086)     AND NOW, this 18th day of May, 2004, it is hereby ORDERED that the motion of plaintiffs for partial reconsideration of PTO 3500 is DENIED except that the first named plaintiff is not required to pay the $150.00 filing fee under 28 U.S.C 1914(a).  See PTO No. 3535

5/18/04

  3548

Re: Robert Shoemaker v. Wyeth (04-20094)     AND NOW, this 18th day of May, 2004, it is hereby ORDERED that the motion of plaintiffs for partial reconsideration of PTO 3500 is DENIED except that the first named plaintiff is not required to pay the $150.00 filing fee under 28 U.S.C 1914(a).  See PTO No. 3535.



5/19/04

  3549

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

     AND NOW, this 19th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk or court shall assign a separate civil action number, which shall be related to civil action number 03-20232, for each Severed and Amended Complaint filed pursuant to this Order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the Clerk of Court for each Severed and Amended Complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a Severed and Amended Complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

5/19/04

  3550

Re: Paul Woodcock v. Wyeth (03-20273)

     AND NOW, this 19th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk or court shall assign a separate civil action number, which shall be related to civil action number 03-20273, for each Severed and Amended Complaint filed pursuant to this Order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the Clerk of Court for each Severed and Amended Complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a Severed and Amended Complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

5/19/04

  3551

Re: Joyce Ann Allen v. Wyeth (03-20310)

     AND NOW, this 19th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk or court shall assign a separate civil action number, which shall be related to civil action number 03-20310, for each Severed and Amended Complaint filed pursuant to this Order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the Clerk of Court for each Severed and Amended Complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a Severed and Amended Complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

5/19/04

  3552

Re: Trina Waters v. Wyeth (03-20323)

     AND NOW, this 19th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk or court shall assign a separate civil action number, which shall be related to civil action number 03-20323, for each Severed and Amended Complaint filed pursuant to this Order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the Clerk of Court for each Severed and Amended Complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a Severed and Amended Complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

5/19/04

  3553

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

     AND NOW, this 19th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk or court shall assign a separate civil action number, which shall be related to civil action number 03-20330, for each Severed and Amended Complaint filed pursuant to this Order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the Clerk of Court for each Severed and Amended Complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a Severed and Amended Complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

5/19/04

  3554

Re: Brenda Barnett (03-20239), Jamie Woods (03-20272), Dorothy Winters (03-20170), Anthony Watson 03-20296), Sarah Brooks (03-20312) and Roy Simmons (03-20319) v. Wyeth     AND NOW, this 19th day of May, 2004, it is hereby ORDERED that the motion of plaintiffs in the above actions for partial reconsideration of PTO Nos. 3445, 3446, 3467, 3468, 3469, and 3484 (Doc. #205672) is DENIED except that the first named plaintiff in each action is not required to pay the $150.00 filing fee under 28 U.S.C. 1914(a).  See PTO No. 3535.

5/20/04

  3555

Re: Lisa Phelps-Dorris v. Wyeth (04-20096)

     AND NOW, this 19th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk or court shall assign a separate civil action number, which shall be related to civil action number 03-20232, for each Severed and Amended Complaint filed pursuant to this Order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the Clerk of Court for each Severed and Amended Complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a Severed and Amended Complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

5/21/04

  3556

Re: All Actions FILED UNDER SEAL...

5/24/04

  3557

Re: All Actions     AND NOW, TO WIT, this 24th day of May, 2004, upon consideration of the Seventy-Third Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (04/01/04 through 04/31/04), 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 $85,251.78 for the period from 04/01/04 through 04/30/04, in accordance with the procedure established by the Court

5/24/04

  3558

Re: All Actions     AND NOW, TO WIT, this 24th day of May, 2004, upon consideration of the Forty-Seventh Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (04/01/04 through 04/30/04), 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 $8,123.18 for the period from 04/01/04 through 04/30/04, in accordance with the procedure established by the Court.

5/24/04

  3559

Re: All Actions     AND NOW, TO WIT, this 24th day of May, 2004, upon consideration of the Twenty-Fifth Application by Special Master for Interim Compensation and Reimbursement of Expenses relating to PTO No. 2383 (04/01/04 through 04/30/04), 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 $10,032.00 for the period from 04/01/04 through 04/30/04, in accordance with the procedure established by the Court.

5/25/04

  3560

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

     AND NOW, this 25th day of May, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of the following claimants for an extension of ninety (90) days to obtain an echocardiogram through the screening program is GRANTED:

     A.C.M., S.E., L.F., S.G., M.J., C.J., E.J., D.M.K., C.L., N.M., R.M., B.M., L.M., M.C.M., R.R.P., O.P., J.R., L.K.S.B., K.D., R.S.G., A.F.H., L.C.K., R.L.L., R.M.B., J.P., A.C., M.D.C., K.C., M.L.L., B.M., M.P., D.F., C.F., N.D., C.B.F., K.D.L., C.R.P., T.S.P., S.W.Q., V.S., C.M.W.;

     2.  The motion of the following claimants for an extension of ninety (90) days to obtain an echocardiogram through the screening program is GRANTED.  These claimants first must provide the Trust with a signed Blue form, which must be postmarked within thirty (30) days of this Order.  Their ninety-day extension to obtain an echocardiogram through the screening program will begin on the day on which the signed Blue Form is mailed.

     W.E., J.P., B.G.;

And   3.  The motion of the following claimants for an extension of time to obtain an echocardiogram through the screening program is DENIED: see order.

5/25/04

  3561

Re: Karen Castle v. Wyeth (03-20611)     AND NOW, this 25th day of May, 2004, upon consideration of Wyeth=s Unopposed Motion for Extension of Time to Respond to Plaintiffs= Notice of Pending Motion to Remand and Supplemental authority in Support of Plaintiffs= Motion to Remand in the above-captioned matter, it is ORDERED that th emotion is GRANTED and that the time for Wyeth to respond to plaintiffs= motions is extended up to and including June 1, 2004.

5/25/04

  3562

Re: Glenda Wisdom v. Wyeth (03-00974)    AND NOW, this 25th day of May, 2004, upon consideration of Wyeth=s Unopposed Motion for Extension of Time to Respond to Plaintiffs= Notice of Pending Motion to Remand and Supplemental authority in Support of Plaintiffs= Motion to Remand in the above-captioned matter, it is ORDERED that th emotion is GRANTED and that the time for Wyeth to respond to plaintiffs= motions is extended up to and including June 1, 2004.

6/02/04

  3563

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

     Stipulation for Extension of Time for Wyeth to Respond to AHP Settlement Trust=s Motion Requesting an Extension of Time for Eligible Claimants to Receive a Screening Program Echocardiogram Due to a High Volume of Claims

     It is hereby STIPULATED and AGREED between Wyeth and the AHP Settlement Trust that Wyeth shall have an extension of time up to and including June 7, 2004, to respond to the Motion Requesting an Extension of Time for Eligible Claimants to Receive a Screening Program Echocardiogram Due to a High Volume of claims.     This extension is for a period of less than thirty days.  No prior extension has been requested or given in this matter.

6/02/04

  3564

Re: All Actions FILED UNDER SEAL...

6/02/04

  3565

Re: Teresa Russum v. Wyeth (03-20360)

     AND NOW, this 2nd day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20360, for each severed and amended complaint filed pursuant to this order;

      4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

6/02/04

  3566

Re: Janice McCrory v. Wyeth (03-20625)

     AND NOW, this 2nd day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20360, for each severed and amended complaint filed pursuant to this order;

      4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff

6/02/04

  3567

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

     AND NOW, this 2nd day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20360, for each severed and amended complaint filed pursuant to this order;

      4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff

6/02/04

  3568

Re: Claudia Edwards v. Wyeth (03-20326)

     AND NOW, this 2nd day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20360, for each severed and amended complaint filed pursuant to this order;

      4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff

6/02/04

  3569

Re: Jennifer Legg v. Wyeth  (03-20316)

     AND NOW, this 2nd day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20360, for each severed and amended complaint filed pursuant to this order;

      4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff

6/02/04

  3570

Re: Eileen Turner v.  Wyeth (04-20097)

     AND NOW, this 2nd day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20360, for each severed and amended complaint filed pursuant to this order;

      4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff

6/02/04

  3571

Re: Mary Killebrew  v. Wyeth (03-20229625)

     AND NOW, this 2nd day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20360, for each severed and amended complaint filed pursuant to this order;

      4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff

6/03/04

  3572

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 3rd day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the petition of attorney Andrew Hutton for attorneys= fees for securing dreivative claims of Cassie J. Heisz and Dakota H. Heisz, the daughters and derivative claimants of claimant Linda A. Heisz is DENIED without prejudice to his right to submit a form of order in conformity with this Memorandum and Pretrial Order.

6/03/04

  3573

Re: Richard H. Mitchell v. Wyeth (03-20120)

     AND NOW, this 3rd day of June, 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 Richard H. Mitchell 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 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.

6/03/04

  3574

Re: Sandra Kelley v. AHP (03-20294)     AND NOW, this 3rd day of June, 2004, it is hereby stipulated, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Petition and claims of plaintiff Sandra Kelley in the above-captioned case are hereby dismissed with prejudice as to plaintiff=s intermediate 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 plaintiff may accrue under the nationwide class action settlement or any amendment thereto.

6/03/04

  3575

Re: Betty Carol Bentley v. Wyeth (03-20187)

     AND NOW, this 3rd day of June, 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 Andrew Boden 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.

6/03/04

  3576

Re: Robert McDonald v. Wyeth, Kelly O=Neal, Jr., M.D. (03-20190)

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

6/03/04

  3577

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

     AND NOW, this 3rd day of June, 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 Steven D. Williams  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.

6/03/04

  3578

Re: Colletta Hand v. AHP (03-20048)     Comes now the plaintiff, Colletta Hand, and pursuant to F.R.C.P. 41(a)(1) hereby dismisses the above entitled action without prejudice and costs.  Defendant, Wyeth was never served in this matter and no answer was filed.

6/03/04

  3579

Re: John Drennan v. AHP (03-20044)     Comes now the plaintiff, John Drennan, and pursuant to F.R.C.P. 41(a)(1) hereby dismisses the above entitled action without prejudice and costs.  Defendant, Wyeth was never served in this matter and no answer was filed

6/03/04

  3580

Re: Cheri April v. AHP (03-20038)     Comes now the plaintiff, Cheri April, and pursuant to F.R.C.P. 41(a)(1) hereby dismisses the above entitled action without prejudice and costs.  Defendant, Wyeth was never served in this matter and no answer was filed.

6/03/04

  3581

Re: Phillipe Peters v. AHP (03-20037)     Comes now the plaintiff, Phillipa Peters,  and pursuant to F.R.C.P. 41(a)(1) hereby dismisses the above entitled action without prejudice and costs.  Defendant, Wyeth was never served in this matter and no answer was filed.

6/03/04

  3582

Re: Mary Rand v. AHP (03-00839)     Comes now the plaintiff, Mary Rand, and pursuant to F.R.C.P. 41(a)(1) hereby dismisses the above entitled action without prejudice and costs.  Defendant, Wyeth was never served in this matter and no answer was filed.

6/03/04

  3583

Re: Dianne E. Ansohn, Tammy G. Comeaux, Brooke R. Evetts, Norma Jane Gainer, Michael P. Gann, Connie L. Nunez, and Penny D. Reese v. Wyeth (03-20812)

     On this day came to be heard Wyeth=s Unopposed Motion for Leave to File its Out-of-Time Response to Plaintiffs= Pending Motion to Remand.  The court, after reviewing the Motion, is of the opinion that the Motion should be GRANTED in its entirety.     IT IS THEREFORE, ORDERED that Wyeth is granted leave to file its response to Plaintiffs= pending Motion to Remand on June 2, 2004

6/03/04

  3584

Re: Lori Roche v. AHP (02-00829)     Comes now the plaintiff, Lori Roche, and pursuant to F.R.C.P. 41(a)(1) hereby dismisses the above entitled action without prejudice and costs.  Defendant, Wyeth was never served in this matter and no answer was filed.

6/03/04

  3585

Re: Nannette Foy v. AHP (03-20040)     Comes now the plaintiff, Nanette Foy, and pursuant to F.R.C.P. 41(a)(1) hereby dismisses the above entitled action without prejudice and costs.  Defendant, Wyeth was never served in this matter and no answer was filed.

6/03/04

  3586

Re: Donna and Brent Heimback v. AH. Robins (02-20003)     AND NOW, this 3rd day of June, 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 defendants Dr. Richard Short and Dr. Julian Parra, with each party to bear its own costs and counsel fees.

6/04/04

  3587

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 4th day of June, 2004, it is hereby ORDERED that the motion of Dorothy Cook to withdraw her motion and memorandum for an order directing the trust to pay her Matrix claim that received final post-audit determination is GRANTED.

6/04/04

  3588

Re: Betty Carol Bentley v. Wyeth (03-20187)     AND NOW, this 4th day of June, 2004, it is hereby ORDERED that the motion of Roy barnes, M.D. to dismiss due to statute of limitations is DENIED as moot.  See Pretrial Order no. 3493.

6/04/04

  3589

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 4th day of June, 2004, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that the petition of attorney Andrew Hutton for attorneys= fees and costs is DENIED without prejudice to submit a form of order in conformity with this memorandum and pretrial order.

6/09/04

  3590

Re: Cynthia Dillon v. Dennis Sims, M.D. (03-20385), Mona Allen-Kelly v. Calvin Masterson, M.D. (03-20379) & Lana Smith v. Jasper D. Moore, M.D. (03-20590)     AND NOW, this 9th day of June, 2004, it is hereby ORDERED that the motion of plaintiffs in the above actions for reconsideration of Pretrial Order No. 3532 or, in the alternative, for certification under 28 U.S.C. 1292(b) is DENIED.

6/09/04

  3591

Re: Lisa Bishop v. Terry Lowe, M.D. (03-20601), Karen Bates v. Dwalia South (03-20630), Gaither Bell v. Donald Blackwood (03-20584) & Pam Harkins v. Patrick McLain (03-20588)     AND NOW, this 9th day of June, 2004, it is hereby ORDERED that the motion of plaintiffs in the above actions for reconsideration of Pretrial Order No. 3532 or, in the alternative, for certification under 28 U.S.C. 1292(b) is DENIED.

6/10/04

  3592

Re: Mallie Vee McCullum v. Wyeth (03-20583) & Jimmie Nell Pickering v. Wyeth (03-20275)

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

     1.  The motion of plaintiffs in Mallie Vee McCullum v. Wyeth to remand to the Circuit Court of Humphreys County, Mississippi is DENIED;

     2.  All claim in McCullum against defendant William A. Middleton, Allen Thompson, Patrick McClain, Barry Gillespie, Dr. Dennis Simms, Bouldin A. Marley, David L. Richardson, Ira L. Couey, James J. Purdy, Cathy Sessums, Valencia Patrice Martin, Cynthia E. Allen, Mack Gorton, F. Lee Neal, Jasper Moore, Howard D. Clark, Harry G. Causey, J.E. Calloway, Lawrence Stewart, Nathan F. Bradford, Kerry Todd Lee, Lloyd G. Hopkins, J.M. Fulfod, Jack Pruitt, Charles J. Gruich, and Margaret O. Powell are DISMISSED;

     3.  The motion of plaintiffs in Jimmie Nell Pickering to remand to the Circuit Court of Jones County, Mississippi is DENIED; and     4.  All claims in Pickering against defendants Michael Casey and Richard Galloway are DISMISSED.

6/10/04

  3593

Re: Ruth Higginbottom v. Wyeth (03-20142)     Comes now plaintiff, Ruth Higginbottom, by counsel, and, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) and by agreement, dismisses defendant Indevus Pharmaceuticals, Inc. (named herein as Interneuron Pharmaceuticals, Inc.) (AIndevus@).  By their signatures, counsel for all parties stipulate to the dismissal.

6/14/04

  3594

Re: Donna Halbadier (04-20192), Karen Moffett (04-20181 & Leah Stephens (04-20817) v. Wyeth     In light of the consolidated motion to remand filed by Plaintiffs= counsel in the eight captioned cases, and the parties= desire to fully brief the issues raised by this motion, it is hereby STIPULATED and AGREED by and between Plaintiffs and Defendant Wyeth, through their respective undersigned counsel, that Wyeth shall have until June 28, 2004, an extension of twenty-one days, to file its response to Plaintiffs= consolidated motion to remand.  Plaintiffs shall have fourteen days from the date Wyeth files its response to file any reply.

6/15/04

  3595

Re: Sheila Brown v. AHP (99-20593) Claimant: Linda A. Heisz

     COMES NOW this 15th day of June, 2004, Hutton & Hutton Law Firm, LLP, counsel for claimant Linda A. Heisz, who petitions this Court pursuant to this Court=s Order, No. 2580, for payment of attorneys= fees for securing recovery for Cassie J. and Dakota H. Heisz, the derivative claimant daughters of claimant Linda A. Heisz.  Counsel have provided this Court with the attorney-client agreement, affidavit of counsel under oath, the appropriate state guidelines relating to contingency fee agreements, reasons as to why the fees sought are fair and reasonable, and this proposed order.

     After reviewing the record, the Court finds that:

     1.  The attorneys= fees awarded should not exceed a total of 33.3 percent of the award to the minor children Cassie J. and Dakota H. Heisz;

     2.  The 9 percent due Class Counsel will be deducted from the attorneys= fee award of 33.3 percent;

     3.  The Hutton & Hutton Law Firm is therefore entitled to 24.3 percent of the award to the minor children Cassie J. and Dakota H. Heisz.     Being fully advised, therefore, the Court FINDS that counsel=s petition is due to be, and is, hereby granted.  The Court APPROVES the payment of attorneys= fees as set out above.  The AHP Settlement Trust is directed to pay such counsel=s fees forthwith.

6/15/04

  3596

Re: Sheila Brown v. AHP (99-20593) Claimant: Charles J. Craig

     COMES NOW this 15th day of June, 2004, this matter comes regularly on for hearin on the Petition of Hutton & Hutton Law firm, LLP, counsel for claimant Charles J. Craig, now deceased, pursuant to this Court=s Order No. 2580, for payment of attorneys= fees and costs in the amount of $252,092.60 for securing recovery for claimant=s estate in this action.  Counsel has provided the Court with the attorney-client agreement, affidavit of counsel under oath, the appropriate state guidelines relating to contingency fee agreements, an explanation of why the fees sought are fair and reasonable, and this proposed order.

     After reviewing the record, the Court finds that:

     1.  The attorneys= fees awarded should not exceed a total of 33.3 percent of the award to the claimant=s Estate;

     2.  The 9 percent due Class Counsel will be deducted from the attorneys= fee award of 33.3 percent;

     3.  The Hutton & Hutton Law Firm is therefore entitled to its costs of $674.53 and 24.3 percent of the claimant=s award after deduction of said costs, rather than 33.3 percent.     Being fully advised, therefore, the Court FINDS that counsel=s petition is due to be, and is, hereby granted.  The Court APPROVES the payment of attorneys= fees as set out above.  The AHP Settlement Trust is directed to pay such counsel=s fees forthwith.

6/15/04

  3597

Re: Karen Smith v. Joe Ward (03-20345)

     AND NOW, this 15th day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiffs in Karen Smith v. Joe Ward, M.D. to remand to the Circuit Court of Copiah County, Mississippi is DENIED; and     2.  All claims in Smith against Joe Ward, M.D., Forest Bratley, and Susan Bodney are DISMISSED.



6/15/04

  3598

Re: Barbara Tabor v. AHP (03-20557)

     Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiff Barbara Tabor (APlaintiff@) requests a voluntary dismissal with prejudice of the following named Defendants in Civil Action No. 03-CV-20557:

     1.  Gate Pharmaceuticals, Inc.;

     2.  Indevus Pharmaceuticals, Inc. f/k/a Interneuron Pharmaceuticals, Inc.; and

     3.  Les Laboratoires Servier

     AND NOW, this 15th day of June, 2004, it is hereby ORDERED, ADJUDGED, AND DECREED, pursuant to Federal Rule of Civil Procedure 41(a), that the above-referenced Defendants are hereby dismissed with prejudice from this action (Civil Action No. 03-CV-20557).  The docket clerk shall terminate the dismissed Defendants.  The Defendants who remain of record within this civil action and against whom Plaintiff listed above intend to prosecute are as follows:

     1.  Wyeth / AHP Corporation

     2.  Ivax Pharmaceuticals, Inc. f/k/a Zenith Goldline Pharmaceuticals, Inc.; and

     3.  Rugby Laboratories, Inc.     SO ORDERED.

6/16/04

  3599

Re: Glenda Wisdom v. Wyeth (03-20541)     AND NOW, this 16th day of June, 2004, upon consideration of Plaintiffs= Unopposed Motion for Extension of Time to File a Reply in Support of Plaintiffs= Notice of Pending Motion to Remand in the above-captioned matter, it is ORDERED that the motion is GRANTED and the time for plaintiffs to file their reply is extended up to and including June 17, 2004.

6/16/04

  3600

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

     AND NOW, this 16th day of June, 2004, for the reasons set froth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of ths Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20272 for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

6/16/04

  3601

Re: Debra Tate v. Wyeth (04-20168)

     AND NOW, this 16th day of June, 2004, for the reasons set froth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of ths Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20272 for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

6/16/04

  3602

Re: Richard lamison v. Wyeth (03-20240)

     AND NOW, this 16th day of June, 2004, for the reasons set froth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of ths Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20272 for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

6/16/04

  3603

Re: Debra C. Meeks v. Wyeth (03-20290)

     AND NOW, this 16th day of June, 2004, for the reasons set froth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of ths Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20272 for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

6/16/04

  3604

Re: Karen Castle v. Wyeth (03-20611)     AND NOW, this 16th day of June, 2004, upon consideration of Plaintiffs= Unopposed Motion for Extension of Time to File a Reply in Support of Plaintiffs= Notice of Pending Motion to Remand in the above-captioned matter, it is ORDERED that the motion is GRANTED and the time for plaintiffs to file their reply is extended up to and including June 17, 2004.

6/16/04

  3605

Re: Sandra Brown v. Wyeth (03-20536)     AND NOW, this 16th day of June, 2004, for the reasons set forth in Pretrial Memorandum and Order No. 3360, it is hereby ORDERED that the motion of defendant Walter Mack Gorton, M.D., in Brown v. Wyeth to dismiss is DENIED as moot

6/16/04

  3606

Re: Brenda Stallings v. Wyeth (02-20118)

     AND NOW, this 16th day of June, 2004, for the reasons set forth below, it is hereby ORDERED that:

     1.  Counsel for plaintiff, Patricia Lavender, agrees to dismiss the claim of Plaintiff, Patricia Lavender against Defendant, Wal-Mart Stores, Inc., in its entirety with prejudice; and     2.  Defendant, Wal-Mart Stores, Inc. is hereby dismissed with prejudice from this action as to the claim of Plaintiff, Patricia Lavender with each party to bear its own costs.

6/16/04

  3607

Re: Margie Broom v. Wyeth (03-20587)

     AND NOW, this 16th day of June, 2004, it is hereby STIPULATED, ORDERED, and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiffs Nancy Hughes, James Fuller and Mary Franks a/k/a Rozella B. Franks 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 these 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.     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.                        

6/16/04

  3608

Re: Barbara Citizen v. AHP (02-20171)

     AND NOW TO WIT: this 16th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Barbara Citizen, in the above-captioned action, 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 plaintiff Barbara Citizen in the above-captioned action are DISMISSED.  Class member Barbara Citizen is hereby barred and enjoined from reasserting any claim against Wyeth or an other Released Party in the future unless and until she first demonstrates to this Court that she is qualified to do so under the terms of the Settlement Agreement.

6/16/04

  3609

Re: Janine Breaux v. AHP (02-20177)

     AND NOW TO WIT: this 16th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Janine Breaux, in the above-captioned action, 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 plaintiff Janine Breaux in the above-captioned action are DISMISSED.  Class member Janine Breaux is hereby barred and enjoined from reasserting any claim against Wyeth or an other Released Party in the future unless and until she first demonstrates to this Court that she is qualified to do so under the terms of the Settlement Agreement.

6/16/04

  3610

Re: Carolyn Dozer v. AHP (03-20022)

     AND NOW TO WIT: this 16th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Carolyn Dozier, in the above-captioned action, 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 plaintiff Carolyn Dozier in the above-captioned action are DISMISSED.  Class member Carolyn Dozier is hereby barred and enjoined from reasserting any claim against Wyeth or an other Released Party in the future unless and until she first demonstrates to this Court that she is qualified to do so under the terms of the Settlement Agreement.

6/16/04

  3611

Re: Lana Smith v. Jasper D. Moore (03-20590), Margie Broom v. Marcus Hogan (03-20587) & Cynthia Dillon v. Dennis Sims (03-20385)

     AND NOW, this 16th day of June, 2004, for the reasons set forth in Pretrial Memorandum and Order No. 3532, it is hereby ORDERED that:

     1.  The motion of defendant Stephen Nmi Tramill, M.D. in Smith v. Moore to dismiss is DENIED as moot;

     2.  The motion of defendant Robert McKinney in Broom v. Hogan to dismiss is DENIED as moot;     3.  The motion of defendant Terry Westbrook in Cynthia Dillon v. Dennis Sims for summary judgment is DENIED as moot.

6/16/04

  3612

Re: Mike Cockrell v. Wyeth     AND NOW, this 16th day of June, 2004, for the reasons set forth in Pretrial Memorandum and Order No. 3350, it is hereby ORDERED that the motion of defendant Walter Mack Gorton, M.D. to dismiss is DENIED as moot.

6/16/04

  3613

Re: Dorothy House v. Wyeth (03-20247)     AND NOW, this 16th day of June, 2004, it is hereby ordered that the claims against defendant F. Lee Neal, M.D. are DISMISSED for the reasons set forth in Pretrial and Memorandum No. 3304.

6/16/04

  3614

Re: Kenya Brister v. Wyeth (03-20558)

     AND NOW, this 16th day of June, 2004, for the reasons set forth in Pretrial Memorandum and Order 3414, it is hereby ORDERED that:

     1.  The motion of Kenya Brister for leave to file a memorandum of authorities in excess of the page limit is DENIED as moot;

     2.  The motion of Kenya Brister in Brister v. Wyeth for extension of time to file a reply to Wyeth=s opposition to plaintiff=s motion to remand is DENIED as moot; and     3.  The motion of defendant J. Lee Harwell, M.D., in Brister v. Wyeth to dismiss is DENIED as moot.

6/16/04

  3615

Re: Mallie Vee McCullum v. Wyeth (03-20538)     AND NOW, this 16th day of June, 2004, for the reasons set forth in PTO No. 3592, it is hereby ORDERED that the motion of defendant Walter Mack Gorton, in McCullum v. Wyeth to dismiss is DENIED as moot.

6/16/04

  3616

Re: Paul Woodcock v. Wyeth (03-20237)     AND NOW, this 16th day of June, 2004, for the reasons set forth in PTO No. 3305, it is hereby ORDERED that the motion of defendants Robert L. Jordan, John E. Mann, and Dennis Simms in Woodcock v. Wyeth to dismiss is DENIED as moot

6/16/04

  3617

Re: Deloise Sample v. Wyeth (03-20552)

     AND NOW, this 16th day of June, 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 Robert Toole 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.

6/16/04

  3618

Re: Sheila Brown v. AHP (99-20593) claimants: Judith Brassfield, Edward Huntington, Jerry Kuehnel & Voyce Lansdell

     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 Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in PTO No. 2807, it is hereby ORDERED that the 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.

6/16/04

  3619

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 16th day of June, 2004, IT IS HEREBY ORDERED that the motion of PPH Plaintiff Betty Turley Ato participate in the matter of valvular heart disease (VHD) evidence in PPH cases@ (Doc. No. 288) is DENIED as moot.

6/16/04

  3620

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 16th day of June, 2004, IT IS HEREBY ORDERED that the motion of Lisa Pazour to dismiss without prejudice her AAppealing of the Report and Award of the Arbitrator@ (Doc. No. 855) is GRANTED.

6/16/04

  3621

Re: Effie Jackson Cain and Willie Paul Cain v. AHP (02-20112)     AND NOW, this 16th day of June, 2004, it is hereby ORDERED that plaintiffs are granted a ten day extension of time to file their responses to defendant Wyeth=s and AHP Subsidiary Holding Corporation=s Motion to Dismiss.

6/17/04

  3622

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

     AND NOW, this 17th day of June, 2004, it is hereby ORDERED that report and Recommendation No. 10 of the Special Master to the Trust (as to dismissal of inactive appeals for failure to prosecute) is AFFIRMED.  IT IS FURTHER ORDERED that the following appeals through arbitration are DISMISSED:

     1.  Monica Franklin, Claim No. 183/00 2481893, Arbitration No. 38;

     2.  Kristine Logan Claim No. 183/00 276119, Arbitration no. 21; and        3.  Marilyn Louise York, Claim No. 183/00 003402948, Arbitration NO. 152

6/17/04

  3623

Re: Kimberly Gordon v. Wyeth (04-20782)

     AND NOW, this 17th day of June, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(h), that the above-captioned action be and hereby is dismissed without prejudice as to Defendant , Lynn McLendon Rhodes, with each party to bear its own costs and counsel fees.     This stipulation is field on behalf of plaintiff and defendant, Lynn McLendon Rhodes, who have appeared in the above-captioned matter.

6/17/04

  3624

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

     AND NOW, this 17th day of June, 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 Charles Bloom and Bill Sumrall 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.

6/17/04

  3625

Re: Bettie W. Noah v. Wyeth (03-20199)

     AND NOW, this 17th day of June, 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 Barney Scroggins 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.

 

  3626

6/17/04

  3627

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

     AND NOW, this 17th day of June, 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 Mr. Gangloff 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.

6/17/04

  3628

Re: Johnys Bradley v. AHP (03-20049)

     AND NOW, this 17th day of June, 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 Johnys Bradley 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.

6/17/04

  3629

Re: Carolyn A. Ingram v. Wyeth (03-20236)

     AND NOW, this 17th day of June, 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 Ricky D. Williams 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.

6/17/04

  3630

Re: Carolyn A. Ingram v.  Wyeth (03-20236)

     AND NOW, this 17th day of June, 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 Doris Sorey and Marion Douglas Sorey 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.

6/17/04

  3631

Re: Cindy Pickering v. AHP  (03-20314)

     AND NOW, this 17th day of June, 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 Elizabeth Killingssworth 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.

6/17/04

  3632

Re: Wanda B. Morley v. Wyeth (03-20261)

     AND NOW, this 17th day of June, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED, and DECREED that any and all claims of plaintiff Wanda B. Morley 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 a Back-End Opt-Out form, and intends to pursue at this time only her valvular heart disease 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 a BEOO, 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

6/17/04

  3633

Re: William Patrick Dore v. Wyeth (03-20011)

     AND NOW, this 17th dy of June, 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 to all named defendants, specifically Wyeth, Eon Labs, MFG., Inc., Qualitest Pharmaceuticals, Inc., and Dr. Jay Mont with each party to bear its own costs and counsel fees.     This stipulation pertains to the above-captioned action only and does not affect any rights or benefits to which plaintiff may be entitled under the nationwide settlement agreement with AHP.

6/17/04

  3634

Re: Linda D. Perlitz v. Wyeth (04-20106)

     On this day came to be heard Wyeth=s Motion for Extension of Time to Respond to Plaintiff=s Pending Motion to Remand.  The Court, after reviewing the Motion, is of the opinion that the Motion should be GRANTED in its entirety.     IT IS THEREFORE ORDERED that Wyeth=s deadline to file its response to plaintiff=s pending motion to remand is extended to June 9, 2004.  No further extensions will be granted.

6/17/04

  3635

RE: Felicia Anderson (04-20045), Merry Beadles (04-20049), Marie Benditz (04-20054), Holly Bozart (03-20824), Paula Britt (04-20039), Kitty Calfee (04-20053), Linda Clark (04-20047), Lorelei Clark (04-20052) & Tom Craft (04-20058) v. Wyeth

     On this day came to be heard Wyeth=s motion for extension of time to respond to plaintiff=s pending motion to remand.  The court, after reviewing the motion , is of the opinion that the motion should be GRANTED in its entirety.     IT IS THEREFORE ORDERED that Wyeth=s deadline to file its response to plaintiff=s pending motion to remand is extended to June 9, 2004.  No further extensions will be granted.

6/17/04

  3636

Re: Ana Maria Dibienza v. Wyeth (03-20225)

     AND NOW, this 17th day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

    1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of ths Order and in accordance with paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20272 for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

6/18/04

  3637

Re: Pam Hannah v. AHP (03-20376)

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

     1.  The motion of plaintiffs in Pam Hannah v. AHP to remand to the circuit court of Claiborne County, Mississippi is DENIED; and     2.  All claims in Hannah against defendants La Rue=s Discount Drugs, Magic Mart, G&M of Oxford, Superco, Inc., Forrest Bratley, Jr., Susan Bodne, Jewell E. Norman, Jones Medical Industries, MCR Pharmaceuticals, Qualitest Products, EON Labs MFG., Fisons Corporation, Gate Pharmaceuticals, Medeva Pharmaceuticals, Rugby Labs, and Smithkline Beecham are DISMISSED.

6/18/04

  3638

Re: Carole Creighton v. AHP (02-20137)

     AND NOW TO WIT: this 18th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Pamela Brunet in the above-captioned action, 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 plaintiff Pamela Brunet in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

6/18/04

  3639

Re: Paula Armstrong v. AHP (02-20138)

     AND NOW TO WIT: this 18th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Danise Douglas in the above-captioned action, 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 plaintiff Danise Douglas in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

6/18/04

  3640

Re: Venichella Williams v. AHP (02-20227)

     AND NOW TO WIT: this 18th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Venichella Williams in the above-captioned action, 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 plaintiff Venichella Williams in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

6/18/04

  3641

Re: Gewndolyn Hart v. AHP (02-20141)

     AND NOW TO WIT: this 18th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Cora Whitaker in the above-captioned action, 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 plaintiff Cora Whitaker in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

6/18/04

  3642

Re: Cynthia Acosta v. AHP (02-20143)

     AND NOW TO WIT: this 18th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Jacqueline Scott in the above-captioned action, 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 plaintiff Jacqueline Scott in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

6/18/04

  3643

Re: Janice Elstrott v. AHP (02-20134)

     AND NOW TO WIT: this 18th day of June, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Angela Saul in the above-captioned action, 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 plaintiff Angela Saul in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

6/18/04

  3644

Re: Terry Teitelbaum v. Wyeth-Ayerst (04-20483)

     On this 18th day of June, 2004, came on to be considered Plaintiff=s Motion to Dismiss Case No. 04-CV-20483 (MDL 1203) with Prejudice, and the Court, having reviewed the evidence and arguments of counsel is of the opinion that said Motion should in all things be granted.     IT IS THEREFORE, ORDERED, that Case No. 04-CV-20483 (MDL 1203) is hereby dismissed with prejudice.

6/23/04

  3645

Re: Sheila Brown . AHP (99-20593) claimants: Jacqueline Smith, Melanie Brown & Suzanne Cleary     AND NOW, this 23rd day of June, 2004, upon consideration of the AHP Settlement trust=s Motion for an Extension of Time to Respond to the Motion to Expand Contest Period filed on behalf of Claimants Jacqueline Smith, Melanie Brown, and Suzanne Cleary, it is hereby ORDERED that the AHP Settlement Trust will have 14 days from the expiration of the stay imposed by this Court in Pretrial Order 3511 or any extension thereof, to respond to claimant=s motion to expand contest period.

6/23/04

  3646

Re: Sheila Brown v. AHP (99-20593) Appellant: Joyce Dyer     AND NOW, this 23rd day of June, 2004, upon consideration of the motion of the AHP Settlement Trust to dismiss Joyce Dyer=s appeal to this court of the Report and Award of Arbitrator, and upon consideration of the failure of Joyce Dyer to file any brief in support of the said appeal despite having been given the opportunity and a deadline to dos so pursuant to Pretrial Order No. 3009, it is hereby ORDERED that the motion is GRANTED, that the court hereby dismisses Joyce Dyer=s appeal to this court of the Report and Award of Arbitrator dated October 14, 2004, related to her Matrix Level Benefits Claim.



6/25/04

  3647

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

     AND NOW, this 25th day of June, 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 Pauline Berry and Sherry Nelson-Roberts 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 these 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.     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.

6/25/04

  3648

Re: All Actions - FILED UNDER SEAL...

6/25/04

  3649

Re: Erma Bennett v. Wyeth and S. Irfan Shah, M.D. (03-20500)     COMES NOW Erma Bennett, Plaintiff in the above-referenced case, and advises the Court that she wishes to dismiss her claims and causes of action as to Defendants Wyeth and S. Irfan Shah, M.D. in this case, without prejudice.  Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Erma Bennett, Defendant S. Irfan Shah, M.D., and Defendant Wyeth stipulate to the dismissal without prejudice of Plaintiff Erma Bennett=s claims as to Defendants Wyeth and S. Irfan Shah, M.D.

6/25/04

  3650

Re: Penny Milam and Joe Milam v. AHP (02-20217)

     AND NOW, TO WIT: This 25th day of June, 2004, it having been reported that the parties have no objection to the dismissal of this matter and upon Order of the Court pursuant to the provisions of Rule 41(b) of the Local Rules of Civil Procedure of this Court, it is

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

6/25/04

  3651

Re: Barbara Cooper v. AHP (03-20629)

     AND NOW, this 25th day of June, 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 Barbara Cooper against defendant C.R. Humphrey, M.D. in the above-captioned case are hereby dismissed with prejudice, with each party to bear its own costs and counsel fees.  This dismissal does not affect the plaintiff=s claims against any other defendant.  Defendant C.R. Humphrey, M.D. is hereby dismissed as a party in this civil action.     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.

6/25/04

  3652

Re: All Actions     AND NOW, TO WIT, this 25th day of June, 2004, upon consideration of the Forty-Second Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (05/01/04 through 05/31/04), IT I S 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 $133,885.81 for the period from 05/01/04 through 05/31/04, in accordance with the procedure established by the Court.

6/25/04

  3653

Re: All Actions     AND NOW, TO WIT, this 25th day of June, 2004, upon consideration of the Forty-Second Application by Special Master for Interim Compensation and Reimbursement of Expenses relating to PTO 2383 (05/01/04 through 05/31/04), IT IS HEREBY ORDERED that the Application is hereby GRANTED and it is directed that Wyeth reimburse the Special Master for disbursements for legal fees in the amount of $1,652.21 for the period from 05/01/04 through 05/31/04, in accordance with the procedure established by the Court.

6/25/04

  3654

Re: All ActionsAND NOW, TO WIT, this 25th day of June, 2004, upon consideration of the Forty-Eighth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (05/01/04 through 05/31/04), 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 $21,104.86 for the period from 05/01/04 through 05/31/04, in accordance with the procedure established by the Court.

6/25/04

  3655

Re: All Actions     AND NOW, TO WIT, this 25th day of June, 2004, upon consideration of the Seventy-Fourth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (05/01/04 through 05/31/04), 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 $75,070.08 for the period from 05/01/04 through 05/31/04, in accordance with the procedure established by the Court

6/25/04

  3656

Re: Lynn Lubitz v. Wyeth (03-20027)

     AND NOW, this 25th day of June, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED, AND DECREED, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, that this 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 plaintiffs and all defendants who have appeared in the above-captioned matter, those being Wyeth, Wyeth Pharmaceuticals, Interneuron Pharmaceuticals, Inc., and Indevus Pharmaceuticals, Inc. through the undersigned cousnel

6/25/04

  3657

Re: Barbara & Charles Abercrombie, Andrea and Mr. Alliston, Patricia and Rex Bent, Mary Jean Bluett, Florida Mae Brown, Ann and Robert Burney, Pamela J. Busic, Jamie Corlee, Alfreda Griffin, Susanne M. and Charles Hickman, Ophelia Joyce King, Sharon and Bailey Lewis, Jonna and William Lloyd, Lorrie and Joseph McCorkle, Anna McKelvain, Cynthia A. Hay Morris, Norma Jean and William Nelson, Mildred and Tommy Ringo, Mary and Larry Rowell, Martha and Eddie Stevens, Betty J. Stokes, Lucinda and Gerald Whitehead, and Judith and Mr. Wolf v. Wyeth (03-20199)

     AND NOW, this 25th day of June, 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 all plaintiffs listed on Exhibit A in the above-captioned matter are hereby dismissed without prejudice as to all named defendants.     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.

6/25/04

  3658

Re: Weyman Reece v. AHP (03-20207)

     AND NOW, this 25th day of June, 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 Weyman Reece in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs an 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 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.

6/25/04

  3659

Re: Betty Carol Bentley  v. AHP (03-20187)

     AND NOW, this 25th day of June, 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 Merlissa and Bobby Lewis in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs an 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 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.

6/25/04

  3660

Re: Cynthia Howard. AHP (03-20245)

     AND NOW, this 25th day of June, 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 Linnie R. Sanders in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs an 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 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.

6/25/04

  3661

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

     AND NOW, this 25th day of June, 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 Barbara Dabit in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs an 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 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.

6/25/04

  3662

Re: Carolyn A. Ingram v. AHP (03-20236)

     AND NOW, this 25th day of June, 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 Billy WayneDouglas in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs an 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 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.

6/25/04

  3663

Re: DeloiseSample v. AHP (03-20552)

     AND NOW, this 25th day of June, 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 Edward Rowe in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs an 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 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.

6/29/04

  3664

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

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

     1.  The motion of Wyeth challenging the eligibility of class members Cynthia Howard, Robbie Boone, Francis Forrest, Bonnie Johnson, Sandra Jones, Carolyn Kuykendall, Jacqueline Stewart, and Kelly Williams to exercise an intermediate opt-out right (Document No. 6) in Howard v. AHP is DENIED without prejudice; and     2.  The motion of Wyeth to exceed page limits in its reply in support of its motion challenging plaintiff=s eligibility (Document #19) in Howard v. AHP is GRANTED

5/29/04

  3665

Re: Regina Cooper v. Wyeth (03-20246)

     AND NOW, this 29th day of June, 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 Jasper County, Mississippi is DENIED; and     2.  All claim in Cooper against Maria Soriano, M.D., Kieth Adrion Lay, M.D., Patrick McLain, M.D., Terry K. Lowe, M.D., Curtis A. Broussard, M.D., David D. Richardson, M.D., Terry French, M.D., Ronnye D. Purvis, M.D., and Reginald Stewart, M.D. are DISMISSED

5/29/04

  3666Re: Melissa Accadia (03-20546), Tanya Adkinson (03-20811), Mary Anders (03-20791), Beverly Anderson (03-20756), Kathy Anderson (03-20774), Betty Arnold (03-20778), Patricia Barger (03-20632), Jackie Batson (03-20660), Shirley Batson (03-20372), Sandra Beaty (04-20009), Elva Benavides (03-20653), Shirley Boothe (03-20831), Bobbie Brewer (03-20649), Jill Brewer (03-20784), Veronica Burgos-Arcay (03-20784), Diane Butler (03-20796), Patricia Canterbury (03-20571), Bette Carpenter (03-20789), Ronald Cervini (03-20431), Marilyn (Madelyn) Chubb (03-20502), Nancy Coleman (03-20386), Deanna Conn (03-207790, Sharon J. Cook (03-20771), Carroll Creech (03-20810), Joel Coward (03-20646), Edith Cunningham (03-20806), Derema Dalton (03-20420), Marilyn Datz (03-20072), Vickey Dearman (03-20781), Susan Dixon (03-20037), Linda Doodehefver (03-20790), Sherron Drew (03-20382), Joan Duhon (03-20075), Jeanette Erhart (03-20652), Judy Evans (03-20505), Patricia Fitzgerald (03-20795), John Follis (03-20760), Lori Follis (03-20759), Mary Galvan (03-20800), Olga Garcia (03-20793), Sylvia Garcia (03-20777), Robin Garrett (03-20650), Carlos Gonzales (04-20007), Patsy Graham (03-20442), Michael Guarino (03-20658), Rene Guyton (03-20648), Janice Hale-Hobby (03-20514), Shelly Hall (03-20786), Linda Hanks (04-20068), Elena Heffernan (03-20792), Shedra Henderson (03-20663), Grace Hines (03-20301), Ruby Holder (03-20387), Nan Howell (03-20395), Mary Jefferson (04-20077), Judith Jeffrey (03-20803), Diana Johnson (03-20657), Steve Kennard (04-20067), Carol Kline (03-20636), Nancy Layton (03-20773), Lindy Leon (03-20064), Ruth Llanes (03-20525), Lula M. Long (04-20166), Mia Lowery (03-20371), Debra Marriott (03-20554), Lindsey Marsh (03-20642), Wilfredo Martinez (03-20637), Lindi Massey (03-20501), Annie Matt (03-20554), ...

6/29/04

  3667

Re:  Re: Sheila Brown v. AHP (99-20593) for the following claimant: Gail McCall    And now, this 29th day of June, 2004, upon consideration of the Stipulation between Claimant Gloria McCall and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant, Gloria McCall is discontinued, and PTO No. 2910, as it pertains to Claimant Gloria McCall, is vacated

6/29/04

  3668

Re:  Re: Sheila Brown v. AHP (99-20593) for the following claimant: Ingelise (Lisa) Gibby    And now, this 29th day of June, 2004, upon consideration of the Stipulation between Claimant Lisa Gibby and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant, Lisa Gibby is discontinued, and PTO No. 2910, as it pertains to Claimant Lisa Gibby, is vacated

6/30/04

  3669

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 30th day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that claimant Codrington Yarde, as representative for deceased class member Neil Augustus Yarde, is not entitled to benefits under Matrix A-1, Level V.

6/30/04

  3670

Re: Effie Jackson Cain and Willie Paul Cain v. AHP (02-20112)     AND NOW, this 30th day of June, 2004, it is hereby ORDERED that the motion of plaintiffs Effie Jackson Cain and Willie Paul Cain for extension of time to respond to defendants= motion to dismiss (Doc. No. 205896) is GRANTED.

6/30/04

  3671

Re: Vitina D. Parker v. Wyeth-Ayerst (04-20412)     AND NOW, this 29th day of June, 2004, it is hereby ORDERED that the unopposed motion of Viitna D. Parker for leave to amend her complaint (Document No. 2) is GRANTED.

6/30/04

  3672

Re: Maria Briagas (04-20294), Minnie Bush (04-20296), Herbert Cady (04-20300), Amy Cossey (04-20299), Alicia Gaskin (04-20297), Robin Green (04-20304), Helen Krenek (04-20295), Maria Mendez (04-20298) & Joann Poor (04-20550) v. Wyeth

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

     1.  The motion of plaintiff to remand in Alicia Gaskin is DENIED as moot for the reasons that the federal transferor court has already ruled on this motion;

     2.  The motions of plaintiffs to remand in the remaining actions are DENIED; and     3.  All defendants in the nine above-captioned actions except Wyeth, Wyeth Pharmaceuticals, Wyeth-Ayerst International, Inc., and Wyeth-Ayerst Pharmaceuticals, Inc., are DISMISSED

6/30/04

  3673

Re: Sheila Brown v. AHP (99-20593) claimants, Shirley Moreno and Raymond White

     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.

6/30/04

  3674

Re: All Actions     AND NOW, TO WIT, this 30th day of June, 2004, upon consideration of the Forty-First Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (04-01-04 through 04/30/04), 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 $178,440.63 for the period from 04/01/04 through 04/30/04, in accordance with the procedure established by the Court.

6/30/04

  3675

Re: Sheila Brown (99-20593) and Lynda Huffman (03-20271) v. AHP     AND NOW, this 30th day of June, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of Wyeth to declare plaintiff Kathleen Geldreich=s initial opt-out invalid is GRANTED

6/30/04

  3676

Re: All Actions     AND NOW, this 30th day of June, 2004, upon consideration of the Escrow Agent=s Eighteenth 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 PTO No. 3676A shall be filed under seal.

6/30/04

  3676A

Re: All Actions     AND NOW, this 30th day of June, 2004, upon consideration of the Escrow Agent=s Eighteenth Petition for Release of Funds from the MDL 1203 Fee and Cost Account (MDL 1203 Account) to Pay Refunds pursuant to PTO Nos. 2622 and 2688, it is hereby ORDERED that said petition is GRANTED and Gregory P. Miller, Esquire, as Escrow Agent for the MDL 1203 Account, is authorized to disburse, by wire transfer, $445,138.38 to the remittance refund account at PNC Bank

7/01/04

  3677

Re: Robert Shomaker v. Wyeth (04-20094)

     On this day came on to be heard plaintiffs Roberta G. Murphey and Miranda M. Fair=s Unopposed Motion for Leave to File Severed Amended Complaints, and the Court, having considered same, is of the opinion that said motion is good and should be granted.  It is therefore,     ORDERED, ADJUDGED and DECREED that Plaintiffs, Roberta G. Murphey and Miranda M. Fair=s, Unopposed Motion for Leave to File Severed Amended Complaints is hereby GRANTED

7/01/04

  3678

Re: Wanda Burke (03-20223) and Michael Montgomery (03-20550) v. Wyeth

     AND NOW, this 1st day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the two above-captioned actions to remand are DENIED;

     2.  All defendants in the tow above-captioned actions are DISMISSED; and     3.  The motion of defendant Roy Barnes in Montgomery v. Wyeth to dismiss is DENIED as moot.

7/01/04

  3679

Re: Shirley Knight (03-20551) and Annette McGill (03-20560) v. Wyeth

     AND NOW, this 1st day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the two above-captioned actions to remand are DENIED;

     2.  All defendants in the two above-captioned actions except Wyeth, Wyeth-Ayerst Laboratories Company, A.H. Robins, and AHP are DISMISSED; and     3.  The motions of defendant Arthur Hadley in Knight v. Wyeth to dismiss are DENIED as moot.

7/01/04

  3680

Re: Ruby Blake (04-20070), Deanna Garcia (04-20078) and Ricky Wilson (04-20069) v. Wyeth

     On this day came to be heard Wyeth=s Motion for Extension of Time to Respond to Plaintiffs= notices of Pending Motions to Remand.  The Court, after a thorough review of the Motion, is of the opinion that the Motion should be GRANTED in its entirety.      IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Wyeth=s deadline to file Responses to Plaintiffs= Pending Remand Motion is extended until 14 days from the date of entry of this order.

7/01/04

  3681

Re: Willie Chambliss v. Dr. J. Todd (03-20288), Jacqueline Burge v. Dennis Sims, M.D. (03-20299)     AND NOW, this 1st day of July, 2004, it is hereby ORDERED that the motion of plaintiffs in the above actions for reconsideration of PTO 3533 or, in the alternative, for certification under 28 U.S.C. 1292(b) is DENIED.

7/01/04

  3682

Re: Pamela Bolton v. AHP (03-20586)

     AND NOW, this 1st day of July, 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 all plaintiffs in the above-captioned case are hereby dismissed with prejudice as to defendant, SmithKline Beecham, 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.

7/01/04

  3683

Re: Elise Lizana v. AHP (03-20627)

     AND NOW, this 1st day of July, 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 all plaintiffs in the above-captioned case are hereby dismissed with prejudice as to defendant, SmithKline Beecham, 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.

7/01/04

  3684

Re: Joyce Holcomb v. AHP (03-20762)

     AND NOW, this 1st day of July, 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 all plaintiffs in the above-captioned case are hereby dismissed with prejudice as to defendant, SmithKline Beecham, 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.

7/01/04

  3685

Re: Mary E. Peiralish v. AHP (03-20585)

     AND NOW, this 1st day of July, 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 all plaintiffs in the above-captioned case are hereby dismissed with prejudice as to defendant, SmithKline Beecham, 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.

7/01/04

  3686

Re: Gladys Walton v. AHP (03-195)

     AND NOW, this 1st day of July, 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 all plaintiffs in the above-captioned case are hereby dismissed with prejudice as to defendant, SmithKline Beecham, 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.

7/01/04

  3687

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

     AND NOW, this 1st day of July, 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 Sherry Skates, 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 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.

7/01/04

  3688

Re: Jackie Batson v. Wyeth (03-20660)     AND NOW, this 1st day of July, 2004, it is hereby ORDERED that PTO No. 3666 is amended to delete CIV.A. No. 03-20798 in paragraph 4 and insert No. 03-20660 as the correct number for the case of Jackie Batson v. Wyeth

7/01/04

  3689

Re: Margie Broom v. Marcus Hogan (03-20587)     AND NOW, this 1st day of July, 2004, it is hereby ORDERED that the motion of plaintiffs in the above actions for reconsideration of PTO 3532 or, in the alternative, for certification under 28 U.S.C 1292(b) is DENIED.

7/01/04

  3690

Re: Karen Anstead (03-20484), Wanda Bolt (03-20543). Sandra Cook (03-20435), Janet Ann Gaffney (03-20483), Judy Graham (03-20436), Billy Harris (03-20562), Wileen Hughes (03-20437), Maria Martinez (03-20559) & Carla Matthews (03-20556)

     AND NOW, this 2nd day of July, 2004, it Is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the nine above-captioned actions are DENIED;

     2.  All defendants in the nine above-captioned actions except Wyeth are DISMISSED;

     3.  The motion of defendant Village Drug Store in Anstead v. Wyeth to substitute counsel is DENIED as moot;

     4.  The motion of defendant Value-Rite in Graham v. Wyeth to substitute attorney Marc A. Young is DENIED as moot; and     5.  The motion of defendant HEB Grocery Company in Martinez v. Wyeth to substitute counsel is Denied as moot.

7/02/04

 3691

Re: Karen Castle v. Wyeth (03-20611)     AND NOW, this 2nd day of July, 2004, upon consideration of the argument submitted by Wyeth, it is ORDERED that Wyeth=s Motion for Leave to File a Response to plaintiffs= reply in support of plaintiffs= notice of pending motion and supplemental authority in support of plaintiffs= motion to remand is GRANTED.

7/02/04

  3692

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 2nd day of July, 2004, for the reasons set forth in PTO No. 2821, it is hereby ORDERED that the motion of Wyeth pursuant to PTO No. 2383 to dismiss class member Daisy Lewis is DENIED as moot.

7/02/04

  3693

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 2nd day of July, 2004, for the reasons set forth in PTO No. 2821, it is hereby ORDERED that the motion of Wyeth pursuant to PTO No. 2383 to dismiss class member Sabrina Jones is DENIED as moot.

 

  3694


7/02/04

  3695

Re: Sheila Brown v. AHP (99-20593)      AND NOW, on this 2nd day of July, 2004, for the reasons set forth in PTO No. 2821, it is hereby ORDERED that the motion of Wyeth pursuant to PTO No. 2383 to dismiss class member Nadine Blake is DENIED as moot.

7/02/04

  3696

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 2nd day of July, 2004, for the reasons set forth in PTO No. 2586, it is hereby ORDERED that the motion of Wyeth pursuant to PTO No. 2383 for an order enforcing PTO No. 1415 against Class Member Marlee Siewert, who has asserted claims allegedly based on PPH, is DENIED as moot.

7/06/04

  3697

Re: Mona Allen-Kelly v. Calvin Masterson, M.D. (03-20379)     AND NOW, this 6th day of July, 2004, for the reasons set forth in PTO No. 3532, it is hereby ORDERED that the motion of defendant G.T. Smith-vanize in Allen-Kelly v. Masterson 03-20379 to dismiss is DENIED as moot.

7/06/04

  3698

Re: Linda Ann Adams (04-20958), Sue L. Adams (04-20999), Marie Atchley (04-20166), Sylvia Suzanne Baba (04-20129). Michelle Baena (04-20975), Kathy A. Baker (04-21113), Kristina Baker (03-21031), Audy Barclay (04-21411), Linda Barnes (04-21369), Adrian Beaver (04-21365), Jane Dee Bell (04-21394), Barbara Bendick (04-21367), Susan Berry (04-21028), Mary Anne Boehm (04-21366), Joan Brant (03-21044), Debra Branum (04-21393), Angela Brill (04-21395), Loretta Brown (04-20997), Pat Randy Bullard (04-21396), Rebecca Burrell (04-21126), Rebecca Canales (04-20935), Terry Carroll (04-20936), Floyd Carter (03-20962), David Clevenger (04-20934), Rhonda Cline (04-21109), William D. Cockrell (04-21124). Deborah Cohn (04-21363), Richard Crismon (04-21116), Alice Dacus (04-20942), Angela Debusk (04-20967), Sharon Deesch (04-21045), Karol Denise Dewitt (04-20944), Harriet K. Dumas (04-21071), anne P. Fletcher (04-21010), Jack N. Foty (04-21119), Lorraine Frank (03-21108), Donald G. Franks (04-21342), Aramdine Garcia (04-21072), roe Ann Glaspie (04-21046), Edmund Gomez (04-21038), Herman Graham (04-21101), Joan Grayson (04-20951), Barbara Hatch (04-21054), Frances Hicks (03-20152), Patricia Holden (04-21111), Linda D. Jackson (04-21021), Audrey Jarman (04-21107), Kathleen Jonick (04-21112), Jean G. Lacewell (04-21414), Nina F. Lamb (03-21404), Tanya Lengefeld (04-21422), Bette Janice Loftis (04-20960), diana McCreary (04-20985), Sharon R. Ramsey (04-21059), Michael L. Robinson (04-20980), Demetra spikes (04-20959), Mechelle Stubblefield (04-21030) & Sam Tayloe (04-20986) v. Wyeth ...

7/06/04

  3699

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 6th day of July, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of Wyeth to enforce PTO No. 1415 by enjoining the plaintiffs from proceeding in Jane H. Dugan and Leonard J. Dugan v. AHP, Philadelphia County Court of Common Please, November Term 2002, Case No. 002811 is DENIED.

7/06/04

  3700

Re: All Actions FILED UNDER SEAL

7/06/04

  3701

Re: Felicia Anderson (04-20045), Carol Arce (04-20129), Merry Beadles (04-20049), Marie Benditz (04-20054), Beverly Boehm (04-20103, Holly Bozart (03-20824), Paula Britt (04-20039), Lela M. Burgess (04-20112), Kitty Calfee (04-20053), Linda A. Davila Clark (04-20047), Lorelei Clark (04-20052), Kimberly Coffey (04-20128). Thomas Craft (04-20058), Mary Lu Dawson (04-20043), Mary Low Diehm (04-20119), Vivian E. Edwards (04-20117), Dorothy Endsley (04-20126), Roberta Francis (04-20044), Rosa Garza (03-20603), Christina Grigorian (04-20123), Sherryle j. Groce (04-20118). Retta Jansen (04-20042). Gloria Hill (03-20818), Joyce Holloway (04-20060), Helen Jackson (03-20641), Linda L. Jones (04-20113), Betty Jordan (04-20108). Bettu Krolczyk (04-20136), Tami McCArver (03-20825), Maurene Moffett (04-20061), Cynthia Moore (04-20051), Kochetia Morman (04-20109), Roney Nazarian (04-20036), Lillie Padgitt (04-20046), Coralynn Palmer (04-20121), Linda Perlitz (04-20106), Gary Peterson (04-20059), Cherrish Pettey (04-20040), Penni Phillips (03-20816), Theresa Y. Robbins (04-20139), anne Rozelle (04-20057), Thomas Schlotzhauer (03-20823), bill Trapp (04-20056), Marjorie Treadway (04-20041), Sharon Ann Tucker (04-20122), Edwina L. Volkmann (04-20142) & Dolores Zamanian (04-20138) v. Wyeth

     AND NOW, this 6th day of July, 2004, it is hereby ORDERED that:...

7/06/04

  3702

Re: David Clark v. A. Keith Lay, Jr. (03-20393)

     AND NOW, this 6th day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the above-captioned action to remand are DENIED; and     2.  All defendants in the above-captioned action except Wyeth are DISMISSED.

7/06/04

  3703

Re: Charles Taylor v. Wyeth (03-20242)

     AND NOW, this 6th day of July, 2004, for the reasons set forth herin, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the above-captioned action to remand are DENIED;

     2.  All defendants except Wyeth and A.H. Robbins are DISMISSED;

     3.  The motion of defendant S. Rao Rayudu to dismiss is DENIED as moot; and     4.  The motion of defendant Michael Albert to dismiss is DENIED as moot.

7/06/04

  3704

Re: Dora L. White (04-20195) and Suzanne J. Dunning (04-20196) v. Wyeth

     AND NOW, this 6th day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiff in the two above-captioned actions to remand are DENIED;     2.  All defendant except Wyeth are DISMISSED.

7/06/04

  3705

Re: Amy Sanford v. Wyeth (04-20169)

     THIS MATTER having come before the Court on Plaintiff=s Unopposed Motion for leave to file Severed and Amended Complaint;

     THE COURT having read plaintiff=s unopposed motion, the file, and being duly advised in the premises does hereby FINDS and ORDERS:     1.  Plaintiffs= unopposed motion for leave to file a severed and amended complaint is GRANTED.

7/07/04

  3706

Re: Sandra Bustin (03-20303), Lauren Cupples (03-20328), Delois Gore (03-20623), Dauline Mitchell (03-20311), Cindy Pickering (03-20314), Susan Shumake (03-20624) & Courtney Smith (03-20331) v. AHP

     AND NOW, this 7th day of July, 2004, it is hereby ORDERED that:

     1.  The motion of plaintiffs to remand in the seven above-captioned actions are DENIED;

     2.  All defendants in the seven above-captioned actions except Wyeth, Wyeth Laboratories, Inc., Wyeth-Ayerst Pharmaceuticals, Inc., AHP, and A.H. Robins Company, are DISMISSED;

     3.  The motion of defendant Joe Terry to dismiss in Cupples v. AHP is DENIED as moot;

     4.  The motion of defendant Fred=s of Tennessee to withdraw and for leave to substitute new counsel in Pickering v. AHP is DENIED as moot; and     5.  The motion of defendant Rexall Drugs, Inc. for substitution of counsel in Pickering v. AHP is DENIED as moot.

7/07/04

  3707

Re: Steve Wilkerson v. Wyeth (03-20298)

     AND NOW, this 7th day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiffs to remand is DENIED; and     2.  All defendants except Wyeth are DISMISSED.

7/07/04

  3708

Re: Rebecca and Frank Leamond v. Wyeth (04-21326)

     AND NOW, this 7th day of July, 2004, it is hereby ORDERED that Defendants Wyeth=s and AHP Subsidiary Holding Corporation=s motion for additional time in which to serve responsive pleadings - reserving all rights to assert all defenses including without limitation 1.  Lack of jurisdiction over the subject matter, 2.  Lack of jurisdiction over the person, 3.  Improper venue, 4.  Insufficiency of process, 5.  Insufficiency of service of process, 6.  Failure to state a claim upon which relief can be granted, and 7.  Failure to join a party under Rule 19 - is well taken and should be granted.     IT IS THEREFORE, ORDERED that the Defendants Wyeth and AHP Subsidiary Holding Corporation are hereby allowed an additional 20 days to and including Friday, July 30, 2004, in which to serve initial responsive pleadings in response to plaintiffs= Complaint.

7/08/04

  3709

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

     AND NOW, this 8th day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  Plaintiffs= motion to remand is DENIED;

     2.  All defendants except Wyeth, Inc. are DISMISSED;

     3.  The motion of defendant Mark Allen for Summary Judgment is DENIED as moot;

     4.  The motion of defendants Phil Balaki, Larry T. Holifield, and Roger Meadows to dismiss is DENIED as moot;

     5.  The motion of defendant Curtis Broussard, M.D. to dismiss is DENIED as moot; and     6.  The motion of defendant Roy Barnes, M.D. to dismiss is DENIED as moot.

7/08/04

  3710

Re: Latisha Fairley (03-20537), Deloise Sample (03-20552) & Ronald Wise (03-20539) v. Wyeth

     AND NOW, this 8th day of July, 2004, it is hereby ORDERED that:

     1.  The motion of plaintiffs to remand in the three above-captioned actions are DENIED;

     2.  All defendant in the three above-captioned actions except Wyeth, Wyeth-Ayerst Laboratories, Inc., Wyeth-Ayerst Pharmaceuticals, Inc., A. H. Robins Co., Inc., and Indevus Pharmaceuticals, Inc. are DISMISSED;

     3.  The motion of defendant Arthur Wood III for summary judgment in Fairley v. Wyeth is DENIED as moot;

     4.  The motion of defendant Edward Bryant to dismiss in Sample v. Wyeth is DENIED as moot;

     5.  The motion of Defendant John Downer for substitution of counsel in Sample v. Wyeth is DENIED as moot; and     6.  The motion filed by the USA to dismiss for failure to exhaust administrative claims is DENIED as moot.

7/08/04

  3711

Re: Regina Cooper v. Wyeth (03-20246)

     AND NOW, this 8th day of July, 2004, for the reasons set forth in PTO NO. 3665, it is hereby ORDERED that:

     1.  The motion of defendant Curtis A. Broussard, M.D. to dismiss is DENIED as moot; and     2.  The motion of defendant David D. Richardson for substitution of counsel is DENIED as moot.

7/08/04

  3712

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 8th day of July, 2004, upon consideration of the petition of Alexander & Associates, P.C., L.L.O. and Michelle Byrnes Law Offices for attorneys= fees and costs related to the estate of Melba Frank, deceased, IT IS HEREBY ORDERED that the AHP Settlement Trust disburse to the law firms of Alexander & Associates, P.C., L.L.O. and Michelle Byrnes Law Offices the sums of $95,362.25 in attorneys= fees and $945.36 in attorneys= expenses

7/09/04

  3713

Re: Sheila Brown v. AHP (99-20593)     IT IS STIPULATED AND AGREED between Wyeth and the AHP Settlement Trust through their respective and undersigned counsel, that the Trust shall have an extension of time up to and including July 19, 2004 to reply to Wyeth=s Response to the AHP Settlement Trust=s Motion Requesting an Extension of Time for Eligible Claimants to Receive a Screening Program Echocardiogram.

7/12/04

  3714

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

     AND NOW, this 12th day of July, 2004, for the reasons set forth in PTO No. 3246, it is hereby ORDERED that:

     1.  All claims against Professional Weight Loss Center are DISMISSED;

     2.  The motion of defendant Professional Weight Loss Center for summary judgment is DENIED as moot;

     3.  The motion of Robert T. Gordon, Jr. and Mitchell McNutt & Sams, P.A., for leave to withdraw as counsel for Professional Weight Loss Clinic, Inc., is DENIED as moot;

     4.  The motion of defendant Professional Weight Loss Center for substitution and withdraw of counsel is DENIED as moot; and     5.  The motion of defendant Professional Weight Loss Clinic, Inc. to strike plaintiff=s response to defendant=s reply in support of motion for summary judgment is DENIED as moot

7/12/04

  3715

Re: Martha Green (03-20334), Cynthia Howard (02-20245) & Carolyn A. Ingram (03-20236) v. Wyeth

     AND NOW, this 12th day of July, 2004, for the reasons set forth in PTO No. 3534, it is hereby ORDERED that:

     1.  The motion of defendant Dr. Bharat Himatlal Sangani for substitution of counsel in Green is DENIED as moot;

     2.  The motion of defendant John Gelston Downer, Sr. for substitution of counsel in Green is DENIED as moot;

     3.  The motion of Delton Moore Discount Drugs, Inc. to withdraw and for substitution of counsel in Green  is DENIED as moot;

     4.  The motion of defendant Samuel C. Okoye to dismiss in green is DENIED as moot;

     5.  The motion of defendant Willie L. McArthur, M.D. to substitute counsel in Green is DENIED as moot;

     6.  The motion of defendant Hospital Discount Pharmacy, Inc. for substitution of counsel in Howard is DENIED as moot; and     7.  The motion of defendant Edgar Earl Bobo, M.D. to dismiss in Ingram is DENIED as moot

7/12/04

  3716

Re: Betty C. Bentley v. Wyeth (03-20187)

     AND NOW, this 12th day of July, 2004, for the reasons set forth in PTO No. 3493, it is hereby ORDERED that:

     1.  The motion of defendants John Gelston Downer Sr., and David D. Richardson, Jr. for substitution of counsel is DENIED as moot;

     2.  The motion of defendant Alan Turner for substitution of counsel is DENIED as moot; and     3.  The motion of defendant Curtis A. Broussard, M.D. to dismiss is DENIED as moot

7/12/04

  3717

Re: Mike Cockrell (03-20626), Claudia Edwards (03-20326), Mary Killebrew (03-20229), Jennifer Lynn Legg (03-20316), Angela Martin (03-20329), Janice McCrory (03-20625), Teresa Russum (03-20360) & Mitzi Wilson (03-20280) v. Wyeth

     AND NOW, this 12th day of July, 2004, for the reasons set forth in PTO No. 3550, it is hereby ORDERED that:...

7/13/04

  3718

Re: Rosalind Meeks v. Wyeth (04-21415)

     AND NOW, this 13th day of July, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED, AND DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the above captioned action be and hereby is dismissed with prejudice as to Defendant Blackman L. White, Jr., M.D., only, with each party to bear its own costs and counsel fees.     This Stipulation is filed on behalf of Plaintiff Rosiland Meeks and defendant Blackman L. White, Jr., M.D., who have appeared in the above-captioned matter

7/13/04

  3719

Re: Rosemary Holst and James Holst v. AHP (03-20090)

     Pursuant to rule 41 of the Federal Rules of Civil Procedure and PTO No. 1255 voluntary dismiss, without prejudice, Civil Action No. 99-20541 as to all named defendants which are as follows:

     AHP, Wyeth Laboratories, Wyeth-Ayerst Laboratories, A.H. Robins Co., Inc., & Spalitto=s Pharmacy, Inc.

     For each plaintiff listed above whose claim in their entirety are being dismissed voluntarily without prejudice, undersigned counsel of record for plaintiff hereby certifies that:

     1.  Each plaintiff has complied with the requirements of PTO No. 22;

     2.  In the event any plaintiff listed above decides to initiate a future lawsuit against any or all of the defendants who are being voluntarily dismissed, said plaintiff shall file such lawsuit only in a United States District Court and will present and plead the claim(s) so that the United States District Court has subject matter jurisdiction under 28 U.S.C. Section 1332; and     3.  The Complaint in this civil action contains no class action allegations

7/13/04

  3720

Re: Judy Taylor v. Wyeth and Jay Mont, M.D. (04-21589)

     AND NOW, this 13th day of July, 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 Judy Taylor and Defendant Wyeth, the only Defendant having appeared in the above-captioned case to date.  Defendant Jay Mont, M.D. has not entered an appearance in this Action.     This Stipulation pertains to the above captioned action only and does not affect any rights or benefits to which Plaintiff may be entitled under the Nationwide Settlement Agreement with AHP

7/13/04

  3721

Re: Shirley Dickey v. Wyeth (03-20631)

     AND NOW, this 13th day of July, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED AND DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that all claims of all plaintiffs in the above-captioned case are hereby dismissed with prejudice as to defendant, SmithKline Beecham Corporation, 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.

7/13/04

  3722

Re: Dauline Mitchell v. AHP (03-20311)

AND NOW, this 13th day of July, 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 Lisa Woods Perkins 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.

7/13/04

  3723

Re: Linda Harting and Leslie Harting v. AHP (03-20195)     And now, this 29th day of June, 2004, it is hereby stipulated, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Petition and claims of plaintiffs, Linda Harting and Leslie Harting, in the above-captioned case are hereby dismissed with prejudice as to defendant Terry N. Copeland, M.D., with all parties to bear their own costs and counsel fees.

7/13/04

  3724

Re: Mary F. Wells v. Wyeth (04-21018)     COMES NOW Nancy J. Blades, Plaintiff in the above-referenced case, and advises the court that she wishes to dismiss her claims and causes of action against Defendant Wyeth and Marc Moreau, M.D., in this case, without prejudice.  Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Nancy J. Blades, Defendant Wyeth and Defendant Marc Moreau, M.D. stipulate to the dismissal without prejudice of Plaintiff Nancy J. Blades= claims against Defendants

7/13/04

  3725

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 13th day of July, 2004, it is hereby ORDERED that the stay set forth in Pretrial Order No. 3511 is EXTENDED and continued in effect until midnight on Wednesday, July 21, 2004.

7/13/04

  3726

Re: Pamela Bolton (03-20586), Barbara Cooper (03-20629), Shirley Dickey (03-20631), Shawn Graves (03-20585), Joyce Holcomb (03-20762), Elise Lizana (03-20627) & Gladys Walton (03-20589)

     AND NOW, this 13th day of July, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the seven above-captioned actions are DENIED;

     2.  All defendants in the seven above-captioned actions except AHP, Wyeth-Ayerst, A.H. Robins, and AHP Subsidiary Holding Corporation are DISMISSED; and     3.  The motion of defendants Stephen M. Shirley, M.D. and Dale Wing, M.D. for substitution of counsel in Lizana is DENIED as moot.

7/13/04

  3727

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 14th day of July, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the verified petition of attorney John M. Wright for approval of payment of attorneys= fees and costs for securing the claim of claimant Wilmer O. Pennington, now deceased is DENIED without prejudice to his right to submit a form of order in conformity with this memorandum and pretrial order.

7/14/04

  3728

Re: Amy Sanford v. Wyeth (04-20169) - see order for list of plaintiffs.

     AND NOW, this 14th day of July, 2004, it is hereby STIPULATED and AGREED between plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including July 30, 2004 to plead in response to each of the 135 severed and amended complaints originating from the action entitled Amy Sanford.  This extension is for a period of less than 30 days.  No prior extension has been requested or granted in this matter.

     The plaintiffs who have filed severed and amended complaints originating from the above action, and with respect to whom this stipulation for an extension of time applies, are set forth on Exhibit A hereto.

     In the event that the Court enters an order governing the procedure for responding to severed and amended complaints, and that procedure provides Wyeth with more time to plead in response to the severed and amended complaints originating from the above action than otherwise provided for in this stipulation, then that order shall govern the time for Wyeth to plead in response to such severed and amended complaints notwithstanding this stipulation.

7/15/04

  3729

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

     AND NOW, this 15th day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the above-captioned action to remand are DENIED; and     2.  All defendants in the above-captioned action except AHP, Wyeth-Ayerst & A.H. Robbins Co. are DISMISSED.

7/15/04

  3730

Re: Phyllis Miele-Wilson v. AHP (04-21924)     AND NOW, this 15th day of July, 2004, it is hereby ordered that defendant Wyeth is hereby granted an additional twenty days, or until July 20, 2004, in which to file responsive pleadings

7/15/04

  3731

Re: Rebecca A. Sanderson v. AHP (04-21904)     AND NOW, this 15th day of July, 2004, it is hereby ordered that defendant Wyeth is hereby granted an additional twenty days, or until July 20, 2004, in which to file responsive pleadings.

7/15/04

  3732

Re: Lucy Wood v. AHP (03-20274)

     AND NOW, this 15th day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the above-captioned action to remand are DENIED; and     2.  All defendants in the above-captioned action except AHP, Wyeth-Ayerst & A.H. Robbins Co. are DISMISSED.

7/19/04

  3733

Re: All Actions     AND NOW, TO WIT, this 19th day of July, 2004, upon consideration of the Forty-Third application by Special Discovery Master to the AHP Settlement trust for Interim Compensation and Reimbursement of Expenses (06/01/04 through 06/30/04), 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 $119,367.30 for the period from 06/010/04 through 06/30/04, in accordance with the procedure established by the Court.

7/19/04

  3734

Re: All Actions     AND NOW, TO WIT, this 19th day of July, 2004, upon consideration of the Seventy-Fifth Application by special discovery master for interim compensation and reimbursement of expenses (06/01/04 through 06/30/04), 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 $124,553.58 for the period from 06/01/04 through 06/30/04, in accordance with the procedure established by the Court.

7/19/04

  3735

Re: All Actions     AND NOW, TO WIT, this 19th day of July, 2004, upon consideration of the Twenty-Seventh Application by special master for interim compensation and reimbursement of expenses relating to PTO No. 2383 (06/01/04 through 06/30/04), IT IS HEREBY ORDERED that the application is hereby GRANTED and it is directed the Wyeth reimburse the special master for disbursements and compensation for legal fees in the amount of $12,081.51 for the period from 06/01/04 through 06/30/04, in accordance with the procedure established by the court

7/19/04

  3736

Re: All Actions, FILED UNDER SEAL...

7/20/04

  3737

Re: Brenda Stallings v. Wyeth (02-20118)     IT IS HEREBY STIPULATED by and between plaintiff, Patricia Lavender and Gate Pharmaceuticals, through their respective counsel, that the Complaint filed by Patricia Lavender against Gate in the above-captioned matter is dismissed with prejudice as to Defendant Gate only and without costs to either party.  This dismissal is only as to Defendant Gate and does not affect any claims plaintiff has against the remaining defendants, which remain pending.

7/20/04

  3738

Re: Rayford Williams v. Wyeth (03-20287)

     AND NOW, this 20th day of July, 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 Rayford Williams 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 against the only named defendant.     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.

7/20/04

  3739

Re: Andrea Byrum v. Wyeth (04-20697)

     AND NOW, this 20th day of July, 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 Defendant, with each party to bear its own costs and counsel fees.

     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 and AReleased parties,@ as those terms are defined in Sections 1.5 and I.48. of the class Settlement; provided, however, that this Order shall not diminish, abridge, prevent or otherwise affect any rights Plaintiff may be entitled to as an Accelerated implementation Option claimant under the Class Settlement.     This Stipulation is filed on behalf of Plaintiff, Andrea Byrum, and on behalf of Defendant, Wyeth.

7/20/04

  3740

Re: Betty Carol Bentley v. Wyeth (03-20187)

     AND NOW, this 20th day of July, 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 Victor Weeks in the above-captioned matter are hereby dismissed with prejudice as to all named defendants.     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.

7/20/04

  3741

Re: Patricia Mosley v. Wyeth (02-20122)

     AND NOW, this 20th day of July, 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, Rosemarie Brooks, in the above-captioned case are hereby dismissed with prejudice with regards to defendants, Smithkline Beecham Corp., Gate Pharmaceuticals, Goldline Laboratories, and Rugby Laboratories, 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.

7/20/04

  3742

Re: Bobbie J. Terry v. Wyeth (03-20626)

     AND NOW, this 20th day of July, 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 Bobbie Terry 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 this plaintiff may have to seek any benefits under 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 through the undersigned counsel of record.

7/20/04

  3743

Re: Barbara Tabor v. AHP (03-20557

     AND NOW, this 20th day of July, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that plaintiff=s first amended petition in the above-captioned case is hereby dismissed with prejudice only as to the following defendants: Gate, Indevus, Les Laboratoires, Ivax, and Rugby with each party to bear its own costs and counsel fees.  This stipulation and order does not dismiss plaintiff=s claims against Defendant Wyeth.     Counsel have agreed to this stipulation and have authorized plaintiff to submit the stipulation to the Court.  Defendant Les Laboratoires Servier has not filed an answer in this case.



7/20/04

  3744

Re: Pam Harkins v. Billy Sollie (03-20588)

     AND NOW, this 20th day of July, 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 Pamela Harkins and Sandra Naramore in the above-captioned matter are hereby dismissed with prejudice as to all named defendants.     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.

7/20/04

  3745

Re: Dianne Graham v. AHP (02-20014)

     AND NOW, this 20th day of July, 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 Michelle McCoy and David McCoy in the above-captioned matter are hereby dismissed with prejudice as to all named defendants.     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.

7/20/04

  3746Re: Sylvia Abner, Jo Adams, Mary Louise Baker, Lee E. Bell, Karen M. Blanchard, Larry Bradley, Violet Brooks, Marilyn Broussard, Billie Jean Bryant, Kathy Burrow, Mary M. Butler, Gilbert Cadena, Delores Calvin, Douglas Carter, Eleanor Castillo, Linda Castillo, Betty Ann Cobb, Judith Cody, Patricia Cole, Paula Collins, Patricia Conner, Elizabeth Coots, Virginia Coudrain, Debra Davis, Linda Davis, Merribeth Deaton, Phyllis Dell, Hubert Dies, Gail Dinjar, Jamie Dodd, Kathie Dorsey, Marie Dudley, Delores Ellis, Linda Fisher-Parrott, Stephanie Flores, Jo Ann Galaviz, Barbara Garner, Adele Giordano, Gwen Gomez, Linda Green, Donna Lois Guidry, Mary Haglund, Ora Donna Hallums, Dru Harper, Lorraine Harris, Rosellen Henricksen, Shirley Ann Hill, Myrtle Hoffpauir, Tammy P. Holland, Pamela M. Howard, Maria Ester Huerta, Grace F. Ison, Rita G. Jean, John Lynn Jeffries, Van E. Johnson, Hattie king, Ophelia King, Sylvia Kirby, Elizabeth Kotz, Betty Ann Kowis, Joseph Kowis, Esta Kronberg, Nancy Kruger, Fred Laird, Barbara Landon, Barbara Lanham, Elizabath Laskoskie, Linda Leboeup, Cynthia Lee, Angela Living, Nancy Loren, Georgia Louviere, Sandra Lyons-Menefee, Bonnie Macfarland, Ella Malbroux, Donna Marceua, Linda Martinez, Ruth Massey, Delisia Matthews, Ollie Matthews, Lee Ann Mayer, Carrie McDonald, Cindy Mitchell, Rita Molina, Cindi Nelson, Madge Nichols, Diane Norman, Eva N. Olliff, Evelyn Mary Orr, Geraldine M. Patterson, Elizabeth Jan Perry, Nelma Petitt, Beverly Phillips, Debra Phillips, Iona G. Powell, Barbara J. Proctor, Barbara Pryor, Emma Reed, Rebecca Hall Riley, Pamela S. Romero, Leslie Roth, Karen Rubendall, Vickie Russell, Beverly Sarver, Ronald J. Schlaht, Beverly Scott, Sheridan W. Scott, Marsha Seabourne, Patricia Seaman, Joe Larry Sedberry...

7/22/04

  3747

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

     AND NOW, upon consideration of Joint Motion to Extend Stay submitted by Class Counsel, Wyeth, and the Seventh Amendment Liaison Committee (SALC), and pursuant to the Court=s authority under Sections VI.C.5 and VI.E.8 of the Settlement Agreement, it is hereby ORDERED:

     1.  The stay imposed by PTO Nos. 3511 and 3725 is extended and shall continue up to and including August 4, 2004.

     2.  If Class Counsel, SALC and Wyeth file with the Court on or prior to August 4, 2004, the Seventh Amendment to the Settlement Agreement, along with all exhibits required by the Seventh

Amendment and a motion and supporting memoranda seeking preliminary approval of the Seventh Amendment, the stay imposed by this Order shall be extended, without further order of the court, until the Court enters an order granting or denying such preliminary approval of the motion.

     3.  The Trust shall post notice of the Joint Motion to Extended Stay and of this Order on its official website.     4.  The PMC shall post notice of the Joint Motion to Extend Stay and of this Order on its website.

7/22/04

  3748

Re: Shirley R. Jobe v. Wyeth (03-20232) See exhibit A for list of names

     AND NOW, this 22nd day of July, 2004, it is hereby STIPULATED AND AGREED between plaintiffs ans Wyeth that Wyeth shall have an extension of time up to and including August 16, 2004 to serve responsive pleadings to each of the 142 Severed and Amended Complaints originating from the action entitled Shirley R. Jobe v. Wyeth.  This extension is for a period of less than 30 days.  No prior extension has been requested in this matter.

     The plaintiffs who have filed Severed and Amended Complaints originating from the above action, and with respect to whom this stipulation for an extension of time applies, are set forth on Exhibit A hereto.     In the event that the Court enters an order governing the procedure for responding to Severed and Amended Complaints, and that procedure provides Wyeth with more time to plead in response to the Severed and Amended Complaints originating from the above action than otherwise provided for in this Stipulation, then that order shall govern the time for Wyeth to serve initial responsive pleadings in response to such Severed and Amended Complaints notwithstanding this stipulation

7/22/04

  3749

Re: Sandra S. Sorrell v. Wyeth (04-20086) See exhibit A for list of names

     AND NOW, this 22nd day of July, 2004, it is hereby STIPULATED AND AGREED between plaintiffs ans Wyeth that Wyeth shall have an extension of time up to and including August 16, 2004 to plead in response to  each of the Severed and Amended Complaints originating from the action entitled Sandra S. Sorrell v. Wyeth.  This extension is for a period of less than 30 days.  No prior extension has been requested in this matter.

     The plaintiffs who have filed Severed and Amended Complaints originating from the above action, and with respect to whom this stipulation for an extension of time applies, are set forth on Exhibit A hereto.     In the event that the Court enters an order governing the procedure for responding to Severed and Amended Complaints, and that procedure provides Wyeth with more time to plead in response to the Severed and Amended Complaints originating from the above action than otherwise provided for in this Stipulation, then that order shall govern the time for Wyeth to serve initial responsive pleadings in response to such Severed and Amended Complaints notwithstanding this stipulation

7/26/04

  3750

Re: Sheila Brown v. AHP (99-20593), Class Member: Katherine Michael     IT IS STIPULATED AND AGREED between Katherine Michael 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 July 30, 2004 to respond to Katherine Michael=s Motion to Direct the Defendant and trustee to Deem Katherine Michael Registered in the Settlement Agreement and Process Her Claim.

7/26/04

  3751

Re: Connie Walkup v. Wyeth (04-20494)

     AND NOW, this 26th day of July, 2004, 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 Walkup 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.     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.

7/26/04

  3752

Re: Betty Carol Bentley v. Wyeth (03-20187)

     AND NOW, this 26th day of July, 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 Janet Leigh Chamblee and Robert Scott Chamblee in the above-captioned cases 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.

7/26/04

  3753

Re: Carolyn A. Ingram  v. Wyeth (03-20236)

     AND NOW, this 26th day of July, 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 Patricia Ann Winstead  and Cecil J. Winstead in the above-captioned cases 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.

7/26/04

  3754

Re: Eileen Turner v. Weyth (04-20097)

     This Court, having considered the parties= stipulation to Dismiss, FINDS that it should be GRANTED.     It is, therefore, ORDERED that the claims and causes of action of the following Plaintiffs, Lynn W. Atkinson, Stephen T. Bennett, Jeddy T. Brown, Anita F. Christensen, Connie J. Davis, Carolyn K. Erickson, Kathleen H. Giddens, Dana J. Gittins, Regina D. Graham, Peggy J. Hamrick, laverne R. Herndon, Dorothy G. Horel, Virgil Frederick Kwast, Linda E. Miller, Debbie O. Moore, Diana R. Oceguera, Carol Page, Valerie D. Patton, Lynn M. Pugh, Sue D. Ringuquist, Joanne M. Rivers, Keytillia H. Roberts, Ann R. Smith, Cynthia S. Smothers, Mary L. Teats, Denise M. Thompson, Linda T. Van Orden, Ann B. Wood, and Julie R. Woodall are dismissed with prejudice as to all Defendants.

7/26/04

  3755

Re: Lisa Phelps-Dorris  v. Weyth (04-20096)

     This Court, having considered the parties= stipulation to Dismiss, FINDS that it should be GRANTED.     It is, therefore, ORDERED that the above captioned action is dismissed as to plaintiff Nancy J. Austin, Sharone Belnap, Alma Billington, Myron Bonham, Christine Christensen, Alaine Cottle, Carol Crabtree, Wendi-Lyn Currie, Candis Dodgen, Bonnie Dunyon, Arlene Dymock, Anna Elkins, Sue B. Engle, Anne Giles, Mary Ann Hartman, Audrey Hopper, Nancy Jackson, Joann Kiser, Nancy Lambertson, Dorna Landis, Sharon Litten, Graham MacDonald, Maxine McGuire, Charlene Meadows, Betty Meyer, Amanda Moore, Judy Moore, James B. Murphy, Deborah Perea, Martha Puckett, Tamara Rawlings, June Reffel, Judy Ritchie, Diane Rytting, Melody Sellers, Betty Stambaugh, Darlene Stansfield, Floyd Starr, Robing Storey, Becky Tanner, Dennis Walker, Linda Walker, Kaye Wiley, and Mickie M. Worthen with prejudice as to all defendants.

7/26/04

  3756

Re: Robert Shoemaker  v. Weyth (04-20094)

     This Court, having considered the parties= stipulation to Dismiss, FINDS that it should be GRANTED.     It is, therefore, ORDERED, that the claims and causes of actions of the following plaintiffs, Olllie Caldwell, Wilma Clark, Linda Cooper, Terry Cotter, Elizabeth Del Bello, Elizabeth Farris, Pamela Frangopoolos, Donna Heggemeir, Sondra Heller, Yvonne S. Kachel, Billie Lederer, Rebecca Luallen, Gail McClue, Sterline W. McCoy, John McCue, Gwen Molina, Julie Racicot-Tyalor, Undine Raetz, Maryann Romack, Anita Sanchez, Janet Scott, Kathy Smith, Janet R. Stanley, William E. Thornley, Corinne Tomasi, M. Gail Ulrich, Katherine G. Walsh, Larry L. Welshans, Violet M. Whitman, Dudley O. Williams and Annette Wood are dismissed with prejudice as to all defendants listed.

7/23/04

  3757

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 23rd day of July, 2004, it is hereby ORDERED that the emergency motion of Wyeth for reconsideration of PTO No. 3699 is DENIED as moot.

7/26/04

  3758

Re: Bettie W. Noah  v. Wyeth (03-20199)

     AND NOW, this 26th day of July, 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 DeJeanette W. Crittle, Travis Frazier and Debra Lynn  in the above-captioned cases 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.

7/26/04

  3759

Re: Bettie W. Noah  v. Wyeth (03-20199)

     AND NOW, this 26th day of July, 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 Angela Parker, Robert Parker, Catherine T. Walker, Johnnie Wells, Bennie Wells and Michael Todd in the above-captioned cases 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.

7/26/04

  3760

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

     AND NOW, this 26th day of July, 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 Donna G. Gewinm Joe Gewinm, Tracy L. Hamrick, Andrew Powe Hamrick, Vicki Haskins, Charles D. Haskins, Clarence Eugene House, Flora Jefcoat, Jerry Alan Jefcoat, Kendra Maggiore, Frank maggiore, Ruby J. Newell, Nelson Newell, Marshall K. Posey, Patricia T. posey, Brenda Ward, and Mr. Ward  in the above-captioned cases 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.

7/26/04

  3761

Re: Rebecca Meades  v. Wyeth (03-20220)

     AND NOW, this 26th day of July, 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 Rebecca Meade in the above-captioned cases 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.

7/26/04

  3762

Re: Pam Chouteau  v. Wyeth (03-20315)

     AND NOW, this 26th day of July, 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 Charles Fleming and Dyann Fleming  in the above-captioned cases 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.

7/26/04

  3763

Re: Barbara Cooper  v. Wyeth (03-20629)

     AND NOW, this 26th day of July, 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 Barbara Cooper  in the above-captioned cases 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.

7/26/04

  3764

Re: Kenya Brister  v. Wyeth (03-20558)

     AND NOW, this 26th day of July, 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 Lemuel Davis in the above-captioned cases 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.

7/26/04

  3765

Re: Kenya Brister  v. Wyeth (03-20558)

     AND NOW, this 26th day of July, 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 Marlene Kelly in the above-captioned cases 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.

7/26/04

  3766

Re: Kenya Brister  v. Wyeth (03-20558)

     AND NOW, this 26th day of July, 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 Janice L. Luedke in the above-captioned cases 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.

7/26/04

  3767

Re: Sheila Brown v. AHP (99-20593) claimant: Lynda Bradbury     And now, this 26th day of July, 2004, upon consideration of the Stipulation between Claimant Lynda Bradbury and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Lynda Bradbury is discontinued, and PTO No. 2777, as it pertains to Claimant Lynda Bradbury, is vacated

7/26/04

  3768

Re: Sheila Brown v. AHP (99-20593) claimant: Robert Wheeler     And now, this 26th day of July, 2004, upon consideration of the Stipulation between Claimant Robert Wheeler and the AHP Settlement Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby approved, the Order to Show Cause regarding Claimant Lynda Bradbury is discontinued, and PTO No. 2777, as it pertains to Claimant Lynda Bradbury, is vacated.

7/26/04

  3769

Re: Brenda Good v. Wyeth (03-20763)

     AND NOW, this 26th day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the above-captioned action to remand is DENIED; and     2.  All claims against defendants the estate of Dr. Robert W. Ritter and its administratrix are DISMISSED.

7/26/04

  3770

Re: Cynthia J. Lee v. Wyeth (04-21641)     AND NOW, this 26th day of July, 2004, it is hereby ORDERED that PTO No. 3746 is amended to delete ACIV.A. No. 03-20538" from the caption and insert ACIV.A. No. 04-21641" as the correct number for the case of Cynthia J. Lee v. Wyeth.

7/26/04

  3771

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

     AND NOW, on this 27th day of July, 2004, in accordance with the certified judgment of the United States Court of Appeals for the Third Circuit in In re: Diet Drugs Products Liability Litigation, Nos. 02-4582, 03-2033, 03-2936, and 03-4362 involving: 1.  Smart v. AHP, No. 02-04-40259-CV (District Court of Jim Wells County, Texas); 2.  Clark v. Wyeth, et al., No. B020182-C (Orange County, Texas);  3.  Wilson, et al. v. Wyeth, No. 3:03cv305BN (Southern District of Mississippi) and James, et al. v. Wyeth, et al., , No. 2002-95 (Smith County, Mississippi); and 4.  Eichmiller v. AHP Corp., Civil Action No. 2002CV52077 (Fulton county, Georgia), Cook, et al. v. Wyeth, Cause No. 2002-21 (Hinds County, Mississippi), and Caldwell v. AHP, No. 2002-113-cv3 (Jones County, Mississippi), IT IS HEREBY ORDERED that the parties shall file and serve their proposed modifications to PTO Nos. 2680, 2828, 2883, and 3088, respectively, as follows:

     1.  Plaintiffs - on or before Friday, August 6, 2004; and     2.  Wyeth - on or before Wednesday, August 18, 2004.

7/26/04

  3772

Re: Tracy R. Fair v. Wyeth (04-22468)     AND NOW, this 26th day of July, 2004, because Civil Action No. 04-22468 is duplicative of Civil Action No. 04-22274, it is hereby ORDERED that Civil Action No. 04-22468 is DISMISSED

7/26/04

  3773

Re: Bobbie J. Buckner v. Wyeth (04-22507)     AND NOW, this 27th day of July, 2004, because Civil Action No. 04-22507 is duplicative of Civil Action No. 04-22346, it is hereby ORDERED that Civil Action No. 04-22507 is DISMISSED

7/26/04

  3774

Re: All Actions on Exhibit A - Shoemaker v. Wyeth 04-20094

     AND NOW, this 27th day of July, 2004, it is hereby STIPULATED and AGREED between plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including July 30, 2004 to plead in response to each of the Severed and Amended Complaints originating from the action captioned Shoemaker et al. v. Wyeth, Civ. No. 04-20094.  This extension is for a period of less than 30 days.  No prior extension has been requested or granted in this matter.

     The plaintiffs who have filed Severed and Amended Complaints originating from the above action, and with respect to whom this stipulation applies, are set forth on Exhibit A hereto.     In the event that the Court enters an order governing the procedure for responding to Severed and Amended Complaints, and that procedure provides Wyeth with more time to plead in response to the Severed and Amended Complaints originating from the above action than otherwise provided for in this stipulation, then that order shall govern the time for Wyeth to plead in response to such Severed and Amended Complaints notwithstanding this stipulation

7/27/04

  3775

Re: Dianne Graham v. AHP (02-20014)

     AND NOW, this 27th day of July, 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 Robin Bice, Brian Bice, Robert Graffenread and Nora Stevens in the above-captioned matter are hereby dismissed without prejudice as to all named defendants.  Except as otherwise provided herein, the plaintiffs dismissed herein can name only Wyeth as a defendant in any subsequent action relating to these plaintiffs= ingestion of diet drugs.     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.

7/27/04

  3776

Re: Shaunee Davis (02-20199), Cynthia Montague (02-20197), Pamela Riding (02-20202), Darlene Taylor (02-20198), Mary Anne Draney (02-20249), Wanda B. Morley (03-20261), Elaine S. Rand (03-20260), Armeda Christmas (03-20264), Patricia Thomas (03-20265), Karen S. McCoy (03-20364), Doris Greenwood (03-20368), Joy B. Reynolds (03-20425) & Peggy Ferguson (03-20497) v. Wyeth     Plaintiffs, by and through counsel of record, hereby stipulate and agree to dismiss and/or strike any and all existing claims or prayers for relief for punitive, exemplary, or multiple damages.  This is only a dismissal of claims for punitive, exemplary or multiple damages and not a complete dismissal of the cases.

 

  3777

7/27/04

  3778

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

     AND NOW, this 27th day of July, 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 Lisa McPhail 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 rights that this plaintiff may have to seek any benefits under 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 through the undersigned counsel of record.

7/27/04

  3779

Re: Shirley Scott v. Wyeth (03-20198)

     AND NOW, this 27th day of July, 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 Tedrick D. Liddell 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.

7/28/04

  3780Re: Melissa Accadia, Tanya Adkison, Mary Anders, Beverly Anderson, Kathy Anderson Betty Arnold, Patricia Barger, Jackie Batson, Shirley Batson, Sandra Beaty, Elva Benavides, Shirley Boothe, Bobbie Brewer, Jill Brewer, Veronica Burgos-Arcay, Diane Butler, Patricia Canterbury, Bette Carpenter, Ronald Cervini, Marilyn (Madelyn) Chubb, Nancy coleman, Deanna Conn, Sharon J. Cook, Joel Coward, Carroll Creech, Edith Cunningham, Derema Dalton, Marilyn Datz, Vickey Dearman, Susan Dixon, Linda Doodeheefver, Sherron Drew, Joan Duhon, Jeanette Erhart, Judy Evans, Patricia Fitzgerald, John Follis, Lori follis, Mary Galvan Olga Garcia, Sylvia Garcia Robin Garrett, Carlos Gonzales, Patsy Graham, Michael Guarino, Rene Guyton, Janice Hale-Hobby, Shelly Hall, Linda Hanks, Elena Heffernan, Shedra Henderson, Grace Hines, Ruby Holder, Nan Howell, Mary Jefferson, Judith Jeffrey, Diana Johnson, Steve Kennard, Carol Kline, Nancy Layton, Lindy Leon, Ruth Llanes, Mia Lowery, Debra Marriott, Lindsey Marsh, Wilfredo Martinez, Lindi Massey, Annie Matt, Debra McGinley, Robert McMillian, Joice McRimmon, Andrew Mendez, Mario Mendez, Linda Mikeska, Donna Miller, Janice Miller, Brenda Mixon, Glenda Moore, Linda Morin, Deloris Mosley, Irma Mulcahey, LuAnne Napoleon, Cynthia Newton, Sharon Norton, Teresa Orlando, Peggy Ortiz, Donna Otwell, Oralia Palacios, Sharon Park, Julie Parker, Lonna Parker, Patsy Parkinson, R.M. APat@ Patrick, Thomas Patterson, Diana Pelton, Earline Perez, Gary and Sherry Phares, Martha Pipkin, Micca Pirtle, Priscilla Pitts, Sonya Porras, Rosye Portales, Dora Ramirez, Wanda Richison, Devora Rico, Arlene Riggs, Pam Robertson, Irene Rodriguez, Martha Rose, Chris rushing, Reneee Rutherford, Salim Saad, Connie Saddler, Linda Salinas, Sheila Schatte, A. Michelle Schooling, Betty Segrest, Diana Shugar, Sandra Simmons, Geraldine Smith...

7/28/04

  3781

Re: Joyce Harris v. AHP (04-20224)

     AND NOW, this 28th day of July, 2004, for the reasons set forth herein, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the above-captioned action to remand is DENIED; and     2.  All defendants in the above-captioned action except AHP, Wyeth-Ayerst Laboratories, and Interneuron Pharmaceuticals are DISMISSED.

7/28/04

  3782

Re: Terry L. Martin v. A.H. Robins Company, Inc. (03-202850

     AND NOW, this 28th day of July, 2004, after an ex parte telephone conference with counsel for plaintiff JoAnn Oppedal held with the consent of Wyeth, it is hereby ORDERED that:

     1.  The motion of counsel for plaintiff JoAnn Oppedal to withdraw is GRANTED; and     2.  Service of any future papers in the matter will be effective upon first-class mailing to plaintiff JoAnn Oppedal at the following address: see order.

8/04/04

  3783

Re: Janice Elstrott v. AHP (02-20134     AND NOW TO WIT: This 4th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Caroline J. Favorite, in the above-captioned action, 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 plaintiff Caroline J. Favorite, in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

8/04/04

  3784

Re: Peggy Martinez and Alfonso Intervention v. AHP (02-20135)     AND NOW TO WIT: This 4th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Gladys Constant, Toni L. Durapau, Audrey Eumont, and Adam Galley  in the above-captioned action, 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 plaintiff Caroline J. Favorite, in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

8/04/04

  3785

Re: Cynthia Acosta v. AHP  (02-20143)     AND NOW TO WIT: This 4th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiffs Lisa Charles, Darlene Coleman, Jacquelyn Durand, Tonya Fava, Donald Mayeaux, Martha Ned, Linda Petticrew, and Janell rushing  in the above-captioned action, 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 plaintiff Caroline J. Favorite, in the above-captioned action are DISMISSED with prejudice and without costs as to all named Defendants.

8/05/04

  3786

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

     EXTENSION OF STAY RELATING TO MATRIX LEVEL I AND II CLAIMS

     AND NOW, upon consideration of the Joint Motion to Extend Stay submitted by Class Counsel, Wyeth, and Counsel for certain individual Class Members, and pursuant to the Court=s authority under Sections VI.C.5 and VI.E.8 of the Settlement Agreement, it is hereby ORDERED:

     1.  The stays imposted by PTO Nos. 3511, 3725, and 3747 are extended and shall continue through August 10, 2004.

     2.  If Class Counsel and Wyeth file with the Court on or before August 10, 2004, a final Seventh Amendment to the Settlement Agreement, along with all exhibits required by the Seventh Amendment and a motion and supporting memoranda seeking preliminary approval of the Seventh Amendment, the stay imposed by this Order shall be extended, without further order of the court, until the Court enters an order granting or denying such preliminary approval motion.

     3.  The Trust shall post notice of the Joint Motion to Extend Stay and of this Order on its official website.     4.  The PMC shall post notice of the Joint Motion to Extend Stay and of this Order on its Website.

8/09/04

  3787

Re: Sheila Brown v. AHP (99-20593) - Claimant William T. Roberts     AND NOW, on this 9th day of August, 2004, it is hereby ORDERED that the Motion of Claimant William T. Roberts to compel payment of claim is DENIED as moot.

8/09/04

  3788

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 9th day of August, 2004, it is hereby ORDERED that the emergency motion of class members in support of approval of CAP 6 (Doc. No. 599) is DENIED as moot.

8/09/04

  3789

Re: Glenda L. Anderson v. Wyeth (02-24052)     AND NOW, this 9th day of August, 2004, it is hereby ORDERED that the unopposed motion of plaintiff Glenda L. Anderson for leave to file an amended complaint (Docket No. 206093) is GRANTED.

8/09/04

  3790

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 9th day of August, 2004, it is hereby ORDERED that the motion of claimant Nancy Heruth to Compel the Settlement Trust to Recognize her November 25, 2002 Echo as FDA Positive and to Pay Claimant=s Fund AA@ benefits of $6000.00 and to Award Attorney=s Fees and Costs is DENIED as moot.

8/09/04

  3791

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

     AND NOW, this 9th day of August, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiffs in Jacqueline Burge v. Dennis Sims to file a second amended complaint, substitute defendants and drop defendants is GRANTED in part and DENIED in part;

     2.  The motion of plaintiffs to file a second amended and supplemental complaint is GRANTED;

     3.  The motion of plaintiffs to substitute defendants is DENIED pursuant to Memorandum and Pretrial Order No. 3533;     4.  The motion of plaintiffs to amend caption is DENIED pursuant to PTO No. 3533.

8/09/04

  3792

Re: Dorothy A. Murphy v. Wyeth (04-22558)     AND NOW, this 9th day of August, 2004, because Civil Action No. 04-22588 is duplicate of Civil Action No. 04-22272, it is hereby ORDERED that civil Action No. 04-22588 is DISMISSED



8/09/04

  3793

Re: All Actions      AND NOW, TO WIT, this 9th day of August, 2004, upon consideration of the Forty Third Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (06/01/04 through 06/30/04), 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 $119,367.30.

8/09/04

  3794

RE: All Actions     AND NOW, TO WIT, this 9th day of August, 2004, upon consideration of the Twenty-Seventh Application by Special Master for Interim Compensation and Reimbursement of Expenses relating to PTO NO. 2383 (06/01/04 through 06/30/04), 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 $12,081.51.

8/09/04

  3795

Re: All Actions     AND NOW, TO WIT, this 9th day of August, 2004, upon consideration of the Seventy-Fifth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (06/01/04 through 06/30/04), 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 $124,553.58

8/09/04

  3796

Re: All Actions     AND NOW, this 9th day of August, 2004, upon consideration of the Escrow Agent=s Nineteenth 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. 3796A shall be filed under seal.

8/09/04

  3796A

Re: All Actions - FILED UNDER SEAL...

8/09/04

  3797

Re: All Actions - FILED UNDER SEAL...

8/09/04

  3798

Re: Debra C. Meeks v. Wyeth (03-20290)

     AND NOW, this 9th day of August, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that all claims of plaintiff Norma Costilow 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.

8/09/04

  3799

Re: Jean G. Ramsey v. Wyeth (03-20344)

     AND NOW, this 9th day of August, 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 Lois J. Jefferson in the above-captioned case are hereby counsel fees.  This dismissal shall not affect any of the rights that plaintiff Lois J. Jefferson 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 through the undersigned counsel of record.    

8/09/04

  3800

Re: Suzanne J. Dunning v. Wyeth (04-20196)

     AND NOW, this 9th day of August, 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 Cheryl A. Clayton and Denise Brotherton-White (identified in the complaint as Denise B. Still) 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 these 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.     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.    

8/09/04

  3801

Re: Lynda Huffman v. AHP (03-20271)

     AND NOW, this 9th day of August, 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 the plaintiffs identified in the complaint as Lynda Huffman, Diane Maxwell and Kathleen Geldreich 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.

8/09/04

  3802

Re: Rebecca Kelley v. Wyeth (04-23901)

     AND NOW, this 9th day of August, 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 the plaintiff Rebecca Kelley 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.

8/09/04

  3803

Re: Pam Chouteau v. Wyeth (03-20315)

     AND NOW, this 9th day of August, 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 Margaret Crawford and Alton Crawford 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 Margaret Crawford 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 through the undersigned counsel of record.

8/09/04

  3804

Re: Lisa Bishop v. Terry Lowe, M.D. (03-20601)

     AND NOW, this 9th day of August, 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 Velma Edwards 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.

8/09/04

  3805

Re: Patty Long v. AHP (03-20087)

     Plaintiff, by and through counsel of record, hereby stipulates and agrees to dismiss and/or strike any and all claims and/or prayers for relief in this action for punitive, exemplary or miltiple damages including, but not limited to, the following language in plaintiff=s Complaint and Jury Demand, dated July 19, 2002:

     1.  Paragraph 65: ATherefore, plaintiff are entitled to exemplary damages.@

     2.  Paragraph 83: AFurther, because the AHP defendants= conduct was willful, reckless, intentionally and maliciously fraudulent, plaintiff are entitled to an award of exemplary damages.

     3.  Paragraph 91, which states, Aas stated earlier, the AHP defendants acted with intent and malice.  Plaintiff is entitled to an award of exemplary damages.@

     4.  The following language contained in Paragraph 93a: A...and exemplary damages@.

     5.  The following language contained in Paragraph 94: A...further seeks an award of exemplary damages from the AHP defendants and...@     This is only a stipulation and order to strike and/or to dismiss plaintiff=s claims and/or prayers for punitive, exemplary or multiple damages and not a complete dismissal of the case.

8/09/04

  3806

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

          AND NOW, this 9th day of August, 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 Katrina Woodson 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 Margaret Crawford 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 through the undersigned counsel of record.

8/09/04

  3807

Re: Shirley Scott v. Wyeth, A. Keith Lay, Sr., M.D. (03-20198)     AND NOW, this 9th day of August, 2004, it is hereby ORDERED that PTO No. 3534 is amended to add that all claims in Shirley Scott, et al v. Wyeth, et al, Civil Action No. 03-20198 against Defendant, A. Keith Lay, Sr., M.D. are DISMISSED

8/09/04

  3808

Re: Pauline Berry v. Wyeth, Fred Wilson, M.D. (03-20243)     AND NOW, this 9th day of August, 2004, it is hereby ORDERED that PTO No. 3531 is amended to add that all claims in Pauline Berry , et al. v. Wyeth, et al., Civil Action No. 03-20243 against Defendant, Fred Wilson, M.D., are DISMISSED.

8/09/04

  3809

Re: Vitina D. Parker (04-20412) & Elaine Richbourg (04-20410) v. Wyeth     AND NOW, this 9th day of August, 2004, it is hereby ORDERED, for good cause shown, that Wyeth=s Motion for Leave to Respond Out of Time to the Motions to Remand of Plaintiffs Vitina Parker and Elaine Richbourg is GRANTED.

8/09/04

  3810

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

     AND NOW, this 9th day of August, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(2)(ii), that all claims of plaintiff Lonnie Kight 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 Shauna Carson 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 Shauna Carson and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals

8/09/04

  3811

Re: Shauna Carson v. Wyeth, Inc. (03-20078)

     AND NOW, this 9th day of August, 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 Shauna Carson 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.

8/09/04

  3812

Re: Margaret Martinez v. Wyeth (02-20166)

     AND NOW, this 9th day of August, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(2)(ii), that all claims of plaintiff Margaret Martinez 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 Margaret Marinez 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 Shauna Carson and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals

8/09/04

  3813

Re: Connie Mason v. Wyeth (02-20166)

     AND NOW, this 9th day of August, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(2)(ii), that all claims of plaintiff Connie Mason 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 Connie Mason 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 Shauna Carson and all defendants who have appeared in the above-captioned matter, those being Wyeth and Wyeth Pharmaceuticals

8/09/04

  3814

Re: Carolyn A. Ingram v. Wyeth (03-20236)

         AND NOW, this 9th day of August, 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 s Theresa Faye Mott and Walter Mott 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.                              

8/09/04

  3815

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

     AND NOW, this 9th day of August, 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 Robert E. Tatum 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.

8/09/04

  3816

Re: Sheila Brown v. AhP (99-20593)     The AHP Settlement Trust and the Loyacano & Verhine Class Members, by and through their undersigned counsel, hereby agree that the Loyacono & Verhine Class Members= Consolidated Motion to Adopt a Cure, or in the Alternative, for a Protective Order from the Trust=s Medical Practices Questionnaires and to Compel the Trust to Comply with PTO 2662, filed with the court on July 13, 2004, is hereby withdrawn without prejudice to re-file it, if appropriate, at a later date

8/09/04

  3817

Re: Sheila Brown v. AHP (Joseph A. Lagatutta, Anne Morris, Leah M. Parry, Emily Reed & Joyce S. Roeser)

     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 Rules for the Audit of Matrix Compensation Claim (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 the 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

8/09/04

  3818

Re: Linda Purvis v. Wyeth (03-20513)

     AND NOW, this 9th day of August, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiffs Linda Purvis and Molly Bunch to remand in Linda Purvis is DENIED.

     2.  All claims in Purvis against defendants Calvin T. Hull, M.D. and Lloyd Gerald Hopkins, M.D. are DISMISSED;

     3.  The motion of plaintiffs Alice Harden and Dennis Harden in Purvis to remand to the Circuit Court of Yazoo County, Mississippi is GRANTED as to their claims only; and     4.  The motion of plaintiffs to strike the testimony of Dr. Dimitri Yanez is DENIED as moot

8/09/04

  3819

Re: Theresa Lewis (04-20138), Michael McDonald (04-20201), Donna Tait (04-20209), Pamela Gray (04-20207), Mary Goscinski (04-20193), Donna Halbadier (04-20192), Karen Moffett (04-20181) & Leah Stephens (04-20817) v. Wyeth

     The above cases have been consolidated for remand briefing purposes.  Pursuant to an earlier stipulation, Wyeth was given until June 28, 2004 to file its responses to the plaintiffs= consolidated remand motion, and plaintiffs were to have 14 days from that date in which to file a reply.      The parties have agreed that plaintiffs shall have until July 19, 2004 to file their Reply.  Attached hereto as Exhibit AA@ is the Agreement between the parties reflecting, this deadline.  Plaintiffs request that the Court approve the stipulation.

8/09/04

  3820

Re: Lisa Phelps Doris v. Wyeth (04-20096) (see exhibit a for all plaintiffs)

     AND NOW, this 9th day of July, 2004it is hereby STIPULATED and AGREED between plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including August 31,2004 to plead in response to each of the Severed and Amended Complaints originating from the action captioned Lisa Phelps-Dorris v. Wyeth.  This extension is for a period of less than 30 days.  No prior extension has been requested or granted in this matter.

     The plaintiffs who have filed Severed and Amended Complaints originating from the above action, and with respect to whom this stipulation for an extension of time applies, are set forth on Exhibit A hereto.     In the event that the Court enters an Order governing the procedure for responding to the Severed and Amended Complaints, and that procedure provides Wyeth with more time to plead in response to the severed and amended complaints originating from the above action than otherwise provided for in this stipulation, then that order shall govern the time for Wyeth to plead in response to such severed and amended complaints notwithstanding this stipulation

8/09/04

  3821

Re: Mary Nell Rieke v. Wyeth (04-20605)

     AND NOW, this 9th day of August, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of Plaintiff Mary Nell Rieke against Defendnt Dr. Samuel Tyuluman in the above-captioned case are hereby dismissed without prejudice, with each party to bear its own costs and counsel fees.

     Nothing in this Order shall effect the claims and causes of action of plaintiff against any other defendant in this matter.     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All pertinent parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

8/09/04

  3822

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

     AND NOW, this 9th day of August, 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 the plaintiffs listed on exhibit A  in the above-captioned matter 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.

8/09/04

  3823

Re: Vivian Williams v. Wyeth (03-20202)

     AND NOW, this 9th day of August, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of plaintiff Linda D. Pierce 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.

     It is further stipulated that by virtue of this order, the following physician defendant is no longer a party to this action because no other plaintiff is alleging claims against him: Dr. stephen Tramill.     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.

8/09/04

  3824

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

     AND NOW, this 9th day of August, 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 the plaintiffs Pamela Morrow  in the above-captioned matter 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.

8/09/04

  3825

Re: Vera Williams (Woodson Intervention) v. AHP (02-20138)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiffs Cathy Honroe and Jacquelyn S. Tolliver, in the above-captioned action, 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 plaintiffs Cathy Honore and Jacquelyn S. Tolliver, in the above-captioned action are DISMISSED with prejudice and wihtout costs as to all named defendants.

8/09/04

  3826

Re: Vera Williams v. AHP (02-20138)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiff Trudy Woodard, in the above-captioned action, 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 plaintiff Trudy Woodard, in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3827

Re: Vera Williams v. AHP (02-20138)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiff Melissa Castle in the above-captioned action, 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 plaintiff Melissa Castle in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3828

Re: Paula Pomamsky v. AHP (02-20252)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiffs Joyce Hickman, Michael Ippolito, Lanette Jones, Doris Moreau, Audrey Morgan, Kimberly Norwood, Elizabeth Pavy, and Betty Rogers in the above-captioned action, 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 plaintiff Trudy Woodard, in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3829

Re: Peggy Martinez (Alfonso Intervention) v. AHP (02-20135)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiff Prentisa Rodriguez in the above-captioned action, 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 plaintiff Prentisa Rodriguez in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3830

Re: Alyce E. Franklin v. AHP (02-20140)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiff Alyce Franklin in the above-captioned action, 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 plaintiff Alyce Franklin in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3831

Re: Alyce E. Franklin v. AHP (02-20140)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiff Toni Geata, in the above-captioned action, 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 plaintiff Toni Geata in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3832

Re: Delores T. Smith v. AHP (02-20132)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiff Cynthia Williams, in the above-captioned action, 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 plaintiff Cynthia Williams in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3833

Re: Paula Pomansky & Theresa Davis (02-20252) v. AHP

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiff Carrie Jackson, in the above-captioned action, 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 plaintiff Carrie Jackson in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3834

Re: Carole Creighton  v. AHP (02-20137)

     AND NOW TO WIT: This 9th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to the plaintiffs Debbie Hall and Frances Houser, in the above-captioned action, 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 plaintiffs Debbie Hall and Frances Houser in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/09/04

  3835

Re: Carol Kaye Hopper Warrick v. Wyeth (04-20202)     It is hereby 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 above named action that MYHCA, inc. be dismissed with prejudice, with each party to bear its own costs and counsel fees.  Plaintiff no longer wishes to pursue her causes of action against Defendant, MYHCA, Inc.

8/09/04

  3836

Re: Susan B. Frakes v. Wyeth (04-24521)     COMES NOW Susan B. Frakes, Plaintiff in the above-referenced case, and advises the court that she wishes to dismiss her claims and causes of action as to all defendants in this case, with prejudice.  Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Susan B. Frakes and Defendants stipulate to the dismissal with prejudice of plaintiff=s claims as to all defendants.

8/09/04

  3837

Re: Kelly Turner v. Wyeth (03-20569)     IT IS HEREBY STIPULATED by and between the parties to this action through its designated counsel that the above-captioned action be and hereby is dismissed as to Defendant MYHCA, Inc. Drug Emporium pursuant to Fed.R.CIV.Proc. 41(a)(1).

8/09/04

  3838

Re: All Actions     AND NOW, TO WIT, this 9th day of August, 2004, upon consideration of the Forty-Ninth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (06-04-04 through 06-30-04), 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 5,523.34 for the period from 06/01/04 through 06/30/04, in accordance with the procedure established by the court

8/09/04

  3839

Re: Saundra Williams v. Wyeth (03-20244)

     AND NOW, this 9th day of August, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall file a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to Civil Action No. 03-20244, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be submitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

8/10/04

  3840

Re: Rita Cook v. Wyeth (03-20231)     AND NOW, this 10th day of August, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of plaintiff Rita Cook in Rita Cook v. Wyeth, et al., CIV.A. No. 03-20231 (E.D.Pa.) To remand this action to the Circuit court of Pike County, Mississippi is GRANTED.



8/11/04

  3841

Re: Nancy Bejarano (03-20446), Geraldine J. Delon (03-20490), Bernda Frazier (03-20498), Lori I. Gott (03-20493), Vicki L. McKelvy (03-20592), Judith Shockley (03-20228), Ruth Spence (03-20388) & Yuvonne Wilson (03-20124) v. Wyeth      And noe, this 11th day of August, 2004, it is hereby stipulated and agred between Plaintiffs and Wyeth that Plaintiffs shall have an extension of time up to August 11, 2004 to respond to Wyeth=s Motion to Compel 52 Plaintiffs to Produce Complete Disclosures as Required by Pretrial Order No. 2930.

8/11/04

  3842

Re: Renee Cromwell v. Wyeth (04-23847)

     AND NOW, this 11th day of August, 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 Renee Cromwell 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.

8/11/04

  3843

Re: Bettie W. Noah v. Wyeth (03-20199)

     AND NOW, this 11th day of August, 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 Joseph Caldwell in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its won 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.

8/11/04

  3844

Re: Shirley Scott v. Wyeth (03-20198)

     AND NOW, this 11th day of August, 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 Tracy W. Runnels and William Timothy in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its won 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.

8/11/04

  3845

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

     AND NOW, this 11th day of August, 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 Cheryl Mars and Daniel Mars  in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its won 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.

8/11/04

  3846

Re: Lucille Gaines v. Wyeth (03-20249)

     AND NOW, this 11th day of August, 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 Lucille Gaines in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its won 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.

8/11/04

  3847

Re: Graciela Miorelli v. Wyeth (03-20466)

     AND NOW, this 11th day of August, 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 Graciela Miorelli  in the above-captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its won 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.

8/11/04

  3848

Re: Yvonne Moreno v. AHP (02-20184)

     WHEREAS, Plaintiff, Yvonne Moreno, after filing the above-captioned civil action, died on July 14, 2004; and

     WHEREAS, Edith Levin has been appointed the personal representative of the Estate of Yvonne Moreno, and Letters of Administration have been issued to Edith Levin; and

     WHEREAS, Edith Levin, as Personal Representative of the Estate of Yvonne Moreno, desires to pursue the above-captioned action in said capacity; and

     WHEREAS, Plaintiff=s Motion to Substitute Plaintiff and supporting memorandum were timely filed pursuant to Fed.R.Civ.P. 25(a)

     IT IS HEREBY ORDERED AND ADJUDGED:

     That Edith Levin, as Personal Representative of the Estate of Yvonne Moreno, is substituted for Yvonne Moreno as Plaintiff in the above-captioned cause,     DONE AND ORDERED IN CHAMBERS IN PHILADELPHIA, PENNSYLVANIA

8/11/04

  3849

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

     AND NOW, this 11th day of August, 2004, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:

     1.  The motion of Wyeth to enforce this court=s injunction against plaintiffs Doris Weller and Ellen Carey (Doc. No. 564) is GRANTED; and     2.  Plaintiffs Doris Weller and Ellen Carey and their agents, attorneys, and derivative claimants are ENJOINED from proceeding with, and plaintiffs are ORDERED to dismiss with prejudice their lawsuits against Wyeth, Weller v. AHP and Cary v. AHP.

8/11/04

  3850

Re: Steve Wilkerson v. Wyeth (03-20298)     AND NOW, this 11th day of August, 2004, it is hereby ORDERED that the motion of plaintiff in the above action for reconsideration of Pretrial Order No. 3707 or, in the alternative, for certification under 28 U.S.C. 1292(b) is DENIED.

8/11/04

  3851

Re: Peggy Martinez v. AHP (02-20135)

     AND NOW TO WIT: This 11th day of August, 2004, it having been reported that the issues between the parties have been settled with respect to plaintiff Tonie Trosclair in the above-captioned action, 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 plaintiff Tonie Torsclair in the above-captioned action are DISMISSED with prejudice and without costs as to all named defendants.

8/12/04

  3852

Re: Bettie W. Noah v. Wyeth (03-20199)

     AND NOW, this 12th day of August, 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 Sandra Jackson and Charles Jackson 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.

8/12/04

  3853

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

     AND NOW, this 12th day of August, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including August 30, 2004, to serve responsive pleadings to each of the 195 severed and amended complaints originating from the action entitled Angela Martin v. Wyeth.  This extension is for a period of less than 30 days.  No prior extension has been granted.

     The plaintiffs who have filled the severed and amended complaints originating from the above action, and with respect to whom this stipulation for an extension of time applies, are set forth on exhibit A hereto.     In the event that the Court enters an order governing the procedure for responding to severed and amended complaints, and that procedure provides Wyeth with more time to plead in response to the severed and amended complaints originating from the above action than otherwise provided for in this stipulation, then that order shall govern the time for Wyeth to serve initial responsive pleadings in response to such severed and amended complaints notwithstanding this stipulation

8/12/04

  3854

Re: Eileen Turner v. Wyeth (04-20097)

     AND NOW, this 12th day of August, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including August 31, 2004, to serve responsive pleadings to each of the severed and amended complaints originating from the action entitled Eileen Turner v. Wyeth.  This extension is for a period of less than 30 days.  No prior extension has been granted.

     The plaintiffs who have filled the severed and amended complaints originating from the above action, and with respect to whom this stipulation for an extension of time applies, are set forth on exhibit A hereto.     In the event that the Court enters an order governing the procedure for responding to severed and amended complaints, and that procedure provides Wyeth with more time to plead in response to the severed and amended complaints originating from the above action than otherwise provided for in this stipulation, then that order shall govern the time for Wyeth to serve initial responsive pleadings in response to such severed and amended complaints notwithstanding this stipulation

8/12/04

  3855

Re: Jancie McCrory v. Wyeth (03-20625)

     AND NOW, this 12th day of August, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including August 30, 2004, to serve responsive pleadings to each of the 71 severed and amended complaints originating from the action entitled Janice McCrory  v. Wyeth.  This extension is for a period of less than 30 days.  No prior extension has been granted.

     The plaintiffs who have filled the severed and amended complaints originating from the above action, and with respect to whom this stipulation for an extension of time applies, are set forth on exhibit A hereto.     In the event that the Court enters an order governing the procedure for responding to severed and amended complaints, and that procedure provides Wyeth with more time to plead in response to the severed and amended complaints originating from the above action than otherwise provided for in this stipulation, then that order shall govern the time for Wyeth to serve initial responsive pleadings in response to such severed and amended complaints notwithstanding this stipulation

8/12/04

  3856

Re: Brenda Bankston (03-20765), Judy Gerwe (03-20622), Lucretia Kistler (03-20766) & Nancy Wells (03-20613) v, Wyeth

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

     1.  The motion of plaintiffs to remand is DENIED; and     2.  All claims against defendants Arthur Vernon, Richard Coe, Debra Ann Berry, and Eckerd Corporation are DISMISSED.

8/12/04

  3857

Re: Judy Ivy (03-20511), Sheryl D. Keeling (03-20399), rosario Guerrero (03-20452), King Lane (03-20397). Dan M. Chilcutt (03-20449), Patricia A. Morris (03-20474), Stella Garcia (03-20475), Lanelle Frye (03-20472) & Paula J. Hunt (03-20401) v. Wyeth

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

     1.  The motion of defendant Dr. Linda Welch to dismiss in Judy Ivy is GRANTED;

     2.  The Motions of defendant Dr. Jay Mont to dismiss in Rosario Guerrero and in Sheryl Keeling are GRANTED;

     3.  The motion of defendant Dr. Larry Alan Richardson to dismiss in King Lane is GRANTED;

     4.  The motion of defendant Dr. Jimmy McCoy to dismiss in Dan Chilcutt is GRANTED;

     5.  The motion of defendant Dr. Vijay Koli to dismiss in Patricia A. Morris is GRANTED;

     6.  The motion of defendant Dr. Raymond Henry Hernandez to dismiss in Stella Garcia is GRANTED;

     7.  The motion of defendant Dr. Salvador P. Baylan to dismiss in Lanelle Frye is GRANTED;  and     8.  The motion of defendant Dr. William H. Couch to dismiss in Paula J. Hunt is GRANTED

8/12/04

  3858

Re: Beverly Harris v. Wyeth (02-20152)

     AND NOW, this 12th day of August, 2004, it is hereby ORDERED that report and recommendation No. 9 of Special Master (as to enforce paragraph 7 of PTO No. 1415 against Class Member Beverly Harris) is AFFIRMED.

     It is further ORDERED that:

     1.  Wyeth=s Motion as to plaintiff Beverly Harris is GRANTED;

     2.  Plaintiff Beverly Harris is barred and enjoined from prosecuting her current PPH claim against Wyeth;

     3.  The above-captioned action as to plaintiff Beverly Harris is dismissed; and     4.  The special master shall serve a copy of this order on counsel for the plaintiff.

8/17/04

  3859

Re: Yvonne Leachet and Charles Lechet (98-20308)

     COME NOW Plaintiffs in this action named below (APlaintiffs@) as well as all defendant having appeared in the action, by and through counsel of record, and hereby submit this Stipulation of Dismissal with Prejudice pursuant to the provisions of Federal Rule of Civil Procedure 41(a)(1).

     The parties request that the claims of the following Plaintiffs be dismissed with prejudice with respect to all defendants:

     A.H. robins Company, Inc., Wyeth-Ayerst Laboratories & AHP

     Notwithstanding the foregoing, this Stipulation shall not affect any rights or obligations under the Nationwide Class Action Settlement Agreement with Wyeth that may be applicable to plaintiffs.     Each party shall bear their own respective costs and attorneys= fees incurred in this action.

8/17/04

  3860

Re: Darlean Dowdy v. Wyeth (04-21948)

     AND NOW, this 17th day of August, 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 Darlean Dowdy in the above-captioned case are hereby dismissed with prejudice as to the named defendant, 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 the sole defendant.     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.

8/17/04

  3861

Re: Arlene Wagner v. Wyeth (04-22042)

     AND NOW, this 17th day of August, 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 costs and counsel fees.     This Stipulation is filed on behalf of plaintiff and Wyeth.  Wyeth is the only defendant in this action.

8/17/04

  3862

Re: Jennifer Stimage v. Weyth (04-21940)

     AND NOW, this 17th day of August, 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 Jennifer Stimage in the above-captioned case are hereby dismissed with prejudice as to the named defendant, 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 the sole defendant.     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.

8/17/04

  3863

Re: Loretta Ferrell v. Wyeth and Kynard Adams, M.D. (03-20094)

     COMES NOW plaintiff, Loretta Ferrell and pursuant to Rule 41 of the Federal Rules of Civil Procedure, files this Stipulation of Dismissal without Prejudice in the above-styled cause of action, and in support of same would show the Court as follows:

     Plaintiff notifies the court that she hereby dismisses without prejudice all of the claims and causes of action asserted by or on behalf of Plaintiff against all defendants.     WHEREFORE, PREMISES CONSIDERED plaintiff requests the Court enter a stipulated order dismissing all of her claims and causes of action against all defendants in the above styled cause without prejudice to the refiling of same, and for such other relief as the Court may deem just and proper.

8/17/04

  3864

Re: Jean G. Ramsey v. Wyeth (03-20344)

     AND NOW, this 17th day of August, 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 P. Swords, ConSandra J. Sanford, Ila Mae Clark, and Bobbie J. Barrett 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 these 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.     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.

8/17/04

  3865

Re: Debra C. Meeks v. Wyeth (03-20290)

     AND NOW, this 17th day of August, 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 Sherry Young in the above-captioned case are hereby dismissed with prejudice as to the named defendant, 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 the sole defendant.     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.

8/17/04

 3866

Re: Yvette Cotton v. Wyeth (04-21371)     Plaintiff, Yvette M. Cotton, pursuant to Fed.R.Civ.P41, agrees to dismiss her claims against defendant, Dr. John Purcell Reeves with prejudice to re-file same.  This dismissal does not affect plaintiff=s claims against any other defendant.  Plaintiff and defendant, Dr. John Purcell Reeves, agree to bear their own costs of court.

8/17/04

  3867

Re: Richard C. Desch v. Wyeth (04-22273)     COMES NOW Richard C. Desch, Plaintiff in the above-referenced case, and advises the Court that he wishes to dismiss his claims and causes of action as to Defendant Wyeth with prejudice.  Pursuant to Rule 41(a)(1)9ii) of the Federal Rules of Civil Procedure, Plaintiff Richard C. Desch and Defendant stipulate to the dismissal with prejudice of said Plaintiff=s claims as to Defendant

8/18/04

  3868

Re: All Actions FILED UNDER SEAL...

8/19/04

  3869

Re: All Actions FILED UNDER SEAL...

8/24/04

  3870

Re: Karen A. Briscoe v. Wyeth (04-25833)

     AND NOW, this 24th day of August, 2004, it is hereby ORDERED that:

     1.  The motion of plaintiffs to remand is DENIED; abd     2.  All defendants in the above-captioned action except Wyeth are DISMISSED.

8/24/04

  3871

Re: Alfred Lara (04-21381), Judy Roberts (04-21355) & Naomi F. Washington (04-21352) v. Wyeth

     AND NOW, this 24th day of August, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the three above-captioned actions are DENIED; and     2.  All defendants in the three above-captioned actions except Wyeth are DISMISSED.

8/24/04

 3872

Re: Janice Binion (02-20119), Lillian Chandler (02-20120), Linda Harmon (02-20082), Patricia Mosley (02-20122), Duwanda Robbins (02-20081), Mary F. Sanders (02-20121) & Brenda Stallings (02-20118) v. Wyeth

     AND NOW, this 24th day of August, 2004, for the reasons set forth herein, it is hereby ORDERED that:...

8/24/04

  3873

Re: All Actions     AND NOW, TO WIT, this 24th day of August, 2004, upon consideration of the Fiftieth Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (07/01/04 through 07/31/04), 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 $5,001.54 for the period from 07/01/04 through 07/31/04, in accordance with the procedure established by the Court

 

  3874

8/24/04

  3875

Re: All Actions     AND NOW, TO WIT, this 24th day of August, 2004, upon consideration of the Seventy-Sixth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (07/01/04 through 07/31/04), 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 $113,056.98 for the period from 07/010/04 through 07/31/04, in accordance with the procedure established by the Court

8/24/04

  3876

Re: All Actions     AND NOW, TO WIT, this 24th day of August, 2004, upon consideration of the Twenty-Eighth Application by Special Master for Interim Compensation and Reimbursement of Expenses relating to PTO No. 2383 (07/01/04 through 07/31/04), 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 $31,538.73 for the period from 07/01/04 through 07/31/04, in accordance with the procedure established by the Court

8/25/04

  3877

Re: Sanford, et al. v. Wyeth (04-20310)     AND NOW, this 25th day of August, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motions of the following defendants to transfer venue are DENIED; Ted Leroy Edwards, John Wiseman, Dr. Peter Damico, and John Francis Eichelberger.

8/25/04

  3878

Re: Jacqueline Burge v. Dennis Sims, M.D. (03-20299)     AND NOW, this 25th day of August, 2004, it is hereby ORDERED that PTO No. 3791 is amended to delete Afor the reasons set forth in the accompanying Memorandum@ from the order and insert Afor the reasons set forth herin.@

8/26/04

  3879

Re: Sheila Brown v. AHP (99-20593) for the following claimants: Robert Chapman & Gary Seat, Representative of the Estate of Linda Seat

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

     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 Audit (AAudit Procedures@), approved in Pretrial Order No. 2457, it is hereby ORDERED that these Claimants must show cause why the Trust=s request for relief should not be granted....

8/26/04

  3880

Re: Sheila Brown v. AHP (99-20593) - SEVENTH AMENDMENT     Preliminarily approving the seventh amendment to the Nationwide class action settlement agreement with AHP, approving the form of notice, and scheduling a hearing regarding the amendment (HEARING WILL BE JANUARY 18, 2005 @ 9:30 a.m.)

8/26/04

  3881

Re: Sheila Brown v. AHP (99-20593) - Approval of the Eighth Amendment

     AND NOW, this 26th day of August, 2004, upon consideration of the Motion for an Order Approving the Eighth Amendment to the Nationwide Class Action Settlement Agreement with AHP, it is hereby ORDERED, ADJUDGED and DECREED that:

     1.  The Joint Motion to Approve the Eighth Amendment to the Nationwide Class Action Settlement with AHP is GRANTED;     2.  The Eighth Amendment to the Nationwide Class Action Settlement Agreement with AHP is incorporated into the Settlement Agreement approved by PTO No. 1415.

8/26/04

  3882

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

     AND NOW, this 26th day of August, 2004, it is hereby ORDERED, ADJUDGED and DECREED that:

     1.  Wyeth and Class Counsel are authorized to resume the Parallel Processing Program for High Level Claim in accordance with the Procedures described in Exhibit AA@ to this Order; and

     2.  The Trust is authorized and directed to process High Level Claims in accordance with the terms of the procedures appended hereto as Exhibit AA@ and is further directed to cooperate with Wyeth and Class Counsel in processing and paying High Level Claims in accordance with those procedures;     3.  The Court, for good cause shown, may modify the procedures for parallel processing of high level claims (except for 16).

8/26/04

  3883

Re: Sheila Brown v. AHP (99-20593) - MODIFICATION OF STAY RELATING TO MATIX LEVEL I AND II CLAIMS

     AND NOW, this 26th day of August, 2004, upon consideration of the Motion for relief with respect to claims that are subject to Post-Audit Payable Determinations and pursuant to the Court=s authority under Sections VI.C.5 and VI.E.8 of the Settlement Agreement, it is hereby ORDERED, ADJUDGED AND DECREED:

8/27/04

 3884

Re: Phelps-Dorris (04-20096) & Audrey F. Hopper (04-24589) v. Wyeth     AND NOW, on this 27th day of August, 2004, it is hereby ORDERED that the unopposed motion of plaintiff Audrey F. Hopper to vacate PTO No. 2755 is GRANTED as to Ms. Hopper only.

8/27/04

  3885

Re: Linda Purvis v. Wyeth (03-20513)     AND NOW, this 27th day of August, 2004, it is hereby ORDERED that the motion of plaintiffs Linda Purvis and Molly Bunch for reconsideration of PTO No. 3818 or, in the alternative, for certification under 28 U.S.C. 1292(b) is DENIED

8/27/04

  3886

Re: Martinez (02-20135) and Melder (02-20135) v. Wyeth

     AND NOW, this 27th day of August, 2004, it is hereby ORDERED that:

     1.  Report and Recommendation No. 13 of Special Discovery Master (as to Wyeth=s Motion to Strike in the Martinez and Melder Matters) is hereby AFFIRMED;

     2.  Wyeth=s motion to strike in Martines and Melder Matters is DENIED;

     3.  Plaintiffs= counsel will be sanctioned for failure to comply with Rule 16(f) of the Federal Rules of Civil Procedure in an amount to be determined by the court after reviewing the submission by Wyeth of an affidavit detailing the hourly billing rates and time spent in an attempt to obtain Rule 26 compliant expert reports for these plaintiffs, including time spent preparing the motion to strike plaintiffs Marilyn Melder=s and Peggy Martinez=s Expert Witnesses;

     4.  Wyeth shall submit an affidavit detailing the hourly billing rates and time spent in an attempt to obtain Rule 26 compliant expert reports for these plaintiffs, including time spent preparing the motion to strike plaintiffs Marilyn Melder=s and Peggy Martinez=s Expert Witnesses; and     5.  Plaintiff Martinez shall supplement her expert report in compliance with Federal Rule of Civil Procedure 26 within 30 days of the date of this Order.

8/27/04

 3887

Re: Larry Wayne Edwards v. Wyeth (03-20284)

     AND NOW, this 27th day of August, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiff to remand is DENIED;

     2.  All defendants in the above-captioned action except Wyeth and its related companies and Interneuron Pharmaceuticals are DISMISSED; and     3.  The motion of defendant Wyeth for extension of time to file a response to plaintiff= remand motion is GRANTED.

8/30/04

  3888

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

     AND NOW, on this 30th day of August, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:...

8/31/04

  3889

Re: Kimberly L. Rutowski (04-20032) & Vanessa Wigington (03-20757)

     AND NOW, this 31st day of August, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand are DENIED; and     2.  All defendants in the above-captioned actions except Wyeth are DISMISSED.



09/02/04

  3890

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

     AND NOW, this 2nd day of September, 2004, it is hereby ORDERED that:

     1.  The court will hold argument on Monday, September 20, 2004 at 2:00 p.m. on the question of whether PTO No. 3888 should be made applicable to all class members who exercise a downstram opt-out under the Nationwide Class Action Settlement Agreement in this Diet Drug Litigation.

     2.  All briefs in support of and in opposition to the extension of PTO No. 3888 to all such class members shall be filed and served on or before Thursday, September 16, 2004; and     3.  This order shall be posted promptly on the MDL 1203 web site

09/02/04

 3891

Re: Sheila Brown v. AHP (99-20593)     On the 2nd day of September, 2004, the Court considered the motion to withdraw Motion of Fleming & Associates, L.L.P. to Hold Attorney Peter L. Zimroth in contempt for filing a Motion that Invites the court to Commit Reversible Error, plus supporting memorandum.  Having considered the motion, the Court GRANTS F&A;s motion and ORDERS that all documents filed under 2:12md-1203, Document No. 206268, be withdrawn

09/02/04

 3892

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

     AND NOW, on this 2nd day of September, 2004, upon consideration of Wyeth=s Aemergency motion to enforce the nationwide class action settlement agreement@ in the following cases: Kuly, Nelson, Miller, Alva, Blake, & Hines, and after a telephone conference with counsel and it appearing that plaintiffs and plaintiffs= counsel are seeking to preempt and render moot this court=s pretrial order no. 3888 before the hearing scheduled on September 20, 2004 on its applicability to all class members who have exercised downstream opt-outs, it is hereby ORDERED that:

     1.  Plaintiffs and their counsel in the above action are TEMPORARILY RESTRAINED from applying or arguing for a ruling from any California court on whether it is advisable to hold a reverse-bifurcated trial;

     2.  Plaintiffs and their counsel in the above actions shall notify the California court that they are withdrawing any submissions on the subject of reverse-bifurcation without prejudice and pending a hearing before this court on September 20, 2004;

     3.  Wyeth shall file a bond in the amount of $1,000.00; and     4.  This temporary restraining order shall extend through and including September 17, 2004, unless extended prior to that time.

09/02/04

 3893

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 2nd day of September, 2004, it is hereby ORDERED that PTO No. 3883 is amended only in the following respect: the AHP Settlement Trust shall, within 45 days of making its determination that a claim is a paragraph 5(a) claim (as defined in PTO No. 3883) furnish any expert report required by paragraph 11 of PTO No. 3883

09/02/04

 3894

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

     AND NOW, this 2nd day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20353, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

09/02/04

 3895

Re: Paula Fowler v. Wyeth (03-20255)

     AND NOW, this 2nd day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20353, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

09/02/04

 3896

Re: Dorothy House v. Wyeth (03-20247)

     AND NOW, this 2nd day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20353, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

09/02/04

  3897

Re: Lois P. Brady v. Wyeth (03-20322)

     AND NOW, this 2nd day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20353, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

09/02/04

 3898

Re:Jerry L. Stevens  v. Wyeth (03-20248)

     AND NOW, this 2nd day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this Order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 03-20353, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a severed and amended complaint; and     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

09/03/04

  3899

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

     AND NOW, on this 3rd day of September, 2004. upon consideration of Wyeth=s Aemergency motion to enforce the Nationwide Class Action Settlement Agreement as to class members Darlene Colombe, Sharon Kay Longenbaugh, Teresa Walsh, Brenda Davis, and Billie McDowell@ in the case of St. Martin v. Weyth, and after a telephone conference with counsel and it appearing that plaintiffs and plaintiffs= counsel are seeking to preempt to render moot this court=s pretrial order No. 3888 before the hearing scheduled on September 20, 2004 on its applicability to all class members who have exercised downstream opt-outs, it is hereby ORDERED that:

     1.  Plaintiffs and their counsel in the above action are TEMPORARILY RESTRAINED from applying or arguing for a ruling from any New Mexico court on the question of a reverse-bifurcated trial;

     2.  The parties shall provide a copy of this order and memorandum and pretrial order no. 3888 to the state trial judge;

     3.  Wyeth shall file a bond in the amount of $1,000; and     4.  This temporary restraining order shall extend through and including September 20, 2004, unless extended prior to that time.

09/07/04

 3900

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

     AND NOW, on this 7th day of September, 2004, upon consideration of Wyeth=s Aemergency motion for temporary restraining order to preserve the court=s jurisdiction to enforce the nationwide class action settlement agreement@ as to fifty class members in the following six cases pending in Fulton County, GA: Hodges, Laurin, Christy, Bish, Wirth & Fannie, and after a telephone conference with counsel and it appearing that plaintiffs and plaintiffs= counsel are seeking to preempt and render moot this court=s pretrial order no. 3888 before the hearing scheduled before September 20, 2004 on its applicability to all class members who have exercised downstream opt-outs, it is hereby ORDERED that:...

09/07/04

  3901

Re: Sheila Brown v. AHP (99-20593) for the following claimants: Judith Baines, Karen Delduce, Joseph Durkos, G.W. Geller, Janie Moore, Felecia Oliver, Gayle West, Joyce Wright, & Cheryl Zanghi     ORDER TO SHOW CAUSE RELATING TO AUDITED CLAIMS OF THE ABOVE-REFERENCED CLAIMANTS...

09/07/04

 3902

Re: Jean G. Ramsey v. Wyeth (03-20344)

     AND NOW, this 7th day of September, 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 Gina Savinelli in the above-captioned matter 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.

09/08/04

  3903

Re: All actions

ORDER GOVERNING THE FILING OF ANSWERS AND THE PLEADING OF AFFIRMATIVE DEFENSES TO SEVERED AND AMENDED COMPLAINTS FILED PURSUANT TO PRETRIAL ORDER NO. 3370

     AND NOW, this 8th day of September, 2004, in light of the procedure set forth in PTO No. 3370 for the severance of multi-plaintiff actions and the re-filing of individual complaints (ASevered and Amended Complaints@), the court finds it to be in the interests of judicial efficiency and just administration of multi-district litigation (MDL) No. 1203 to enter this order governing the filing of answers to such severed and amended complaints and the pleading of affirmative defenses.  Accordingly, IT IS HEREBY ORDERED that:

09/08/04

  3904

Re: All Actions - FILED UNDER SEAL...

09/08/04

 3905

Re: Jean G. Ramsey v. Wyeth (03-20344)

     AND NOW, this 8th day of September, 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 Bernetta L. Blackwell 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.

09/08/04

  3906

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

     AND NOW, this 8th day of September, 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 John Raymond Tullos 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.

09/08/04

 3907

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

     AND NOW, this 8th day of September, 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 Marquice Collins and Thomas C. Keith, Jr. 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.

09/08/04

 3908

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

     AND NOW, this 8th day of September, 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 Robert Weldon 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.

09/08/04

  3909

Re: Joanne Bourgeois v. AHP (03-20381)

     AND NOW, TO WIT: this 8th day of September, 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-referenced case is hereby dismissed without prejudice to all named Defendants, with each party to bear its own costs and counsel fees.     This stipulation is filed on behalf of plaintiff Joanne Bourgeois and all Defendants who have appeared in the above-captioned matter.

09/08/04

  3910

Re: Kathleen Papenfuss v. Wyeth (04-24057)

     AND NOW, this 8th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)9ii), that the claims of Patricia D. Pierce in the above-captioned matter are hereby DISMISSED as to all named defendants because she has an identical action pending elsewhere, with each party to bear its own costs and counsel fees.     This stipulation complies with Federal Rule of Civil Procedure Rule 41(a)(1)(ii).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

09/08/04

  3911

Re: Mary F. Sanders v. Wyeth (02-20121)

     AND NOW, this 8th day of September, 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 Deborah Giusti in the above-captioned case are hereby dismissed with prejudice with regards to Defendants, Goldline Laboratories, Inc., and Rugby Laboratories, Inc., 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.

09/08/04

  3912

Re: Marion Kinter v. AHP (03-20269)

     Plaintiff Marion Kinter and Defendant Wyeth, pursuant to Rule 41(a)(1)(ii), Fed.R.Civ.P., and PTO No. 445, hereby stipulate to dismissal of this action without prejudice and, in support thereof, state as follows:...

09/08/04

 3913

Re: Maxine H. Davis v. Wyeth (04-25903)

     AND NOW, this 8th day of September, 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 Maine H. 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.

09/08/04

  3914

Re: Judy Henderson and Winnie Dale Smith v. Wyeth (03-20320)

     AND NOW, this 8th day of September, 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 Judy Henderson and Winnie Dale Smith 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.

09/08/04

  3915

Re: Gladys Williamson v. Wyeth (04-20197)

     AND NOW, this 8th day of September, 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 Stacie Williams 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.

09/08/04

  3916

Re: J. Rankin v. Wyeth (03-20200)

     AND NOW, this 8th day of September, 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 plaintiffsRKandi Butler and Billy Butler  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.

09/08/04

3917

Re: Anthony Guzman v. AHP (04-20572)

     AND NOW, this 8th day of September, 2004, it is hereby STIPULATED, ORDERED AND DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that all claims of plaintiff Anthony Guzman 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 Anthony Guzman 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 Anthony Guzman and all defendants who have appeared in the above-captioned matter, those being Wyeth and AHP Subsidiary Holding Corporation.

09/08/04

3918

Re: Lucy Wood v. Wyeth (03-20274)

     AND NOW, this 8th day of September, 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 Lucy Wood 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.

09/08/04

  3919

Re: Margie Greer (04-23612) & Bonnie Allred (04-23160) v. Wyeth

     On this day came to be heard Wyeth=s Unopposed Motion for Extension of Time to File Response to Plaintiffs= Motions to Remand.  The Court, after reviewing the Motion, is of the opinion that the Motion should be GRANTED in its entirety.     IT IS, THEREFORE, ORDERED that Wyeth is granted leave to file its response to Plaintiffs= pending Motions to Remand to and until September 10, 2004.

09/09/04

  3920

Re: Barbara A. Geisert v. AHP (04-20098)

     AND NOW, this 9th day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a Severed and Amended Complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO NO. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action number 04-20098, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a Severed and Amended Complaint; and     5.  Failure to remit the filing fee with a Severed and Amended Complaint, except as noted in Paragraph (4), will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

09/09/04

 3921

Re: Sheila Brow n v. AHP (99-20593)     AND NOW, September 9, 2004, upon consideration of the Joint motion of Class Counsel, Wyeth and the Seventh Amendment Liaison Committee for Approval of Supplemental Class Settlement Fund Escrow Account agreement, it is hereby ORDERED and DECREED that said Motion is GRANTED and the parties are authorized to execute the Supplemental Class Settlement Fund Escrow Agreement with PNC Bank, N.A. as the escrow agent for the seventh amendment, in the form attached as Exhibit A to the Joint Motion.

09/09/04

 3922

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

     On August 20, 2004, the Estate of Salvatore Forlenza (AClaimant@), Claim No. 183003687670, served a Motion for Payment under Court Approved Procedure No. 4 and Motion to Enforce PTO No. 2805 via first class mail.  It is hereby STIPULATED and AGREED between AhP Settlement Trust and Claimant, through their respective undersigned counsel, that the Trust is granted an extension of time through and until September 15, 2004 to file and serve a responsive brief.     This is the first extension of time regarding this motion

09/10/04

  3923

Re: Sheila Brown v. AHP (99-20593)     AND NOW, this 10th day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of claimant Deborah Badarzynski Afor class admission and equitable waiver of deadline@ is DENIED

09/10/04

  3924

Re: Pamela Allen (04-20171), Fran Arthur (04-20654), Janie Benavides (04-20101), Patti Bonner (04-21328), Susan Buenneke (04-20740), Mary Chapman (04-20708), Wenona Evans (03-20815), Sherry Gray (04-20763), Shirley Hallmark (03-20619), Clayton E. Hay (04-20691), Charlotte Hurley (04-21362), Eulen Lang (03-20609), Connie Netherly (04-20658), Ginger Schindler (04-21397), Rufus Sharpe (04-21398), Margaret Tyner (04-20653) & Tryphosia Tucker (04-20657)

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

     1.  The motions of plaintiffs to remand are DENIED; and     2.  All defendants in the above-captioned actions except Wyeth are DISMISSED.

09/10/04

  3925

Re: Theresa Lewis (04-20183), Mary Goscinski (04-20193), Pamela Gray (04-20207), Donna Halbardier (04-20192), Michael McDonald (04-20201), Karen Moffett (04-20181), Leah Stephens (04-20817) & Donna Tait (04-20209)

     AND NOW, this 10th day of September, 2004, it Is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the above-captioned actions are DENIED; and     2.  All defendants in the above-captioned actions except Wyeth and its related companies are DISMISSED.

09/10/04

 3926

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

(Approval of Special Inserts to Certain Notice Packets Relating to Seventh Amendment)     AND NOW, this 10th day of September, 2004, upon consideration of the joint Motion to Approve Special Inserts to Notice Relating to Seventh Amendment, it is hereby ORDERED that Class Counsel, Wyeth, and the Seventh Amendment Liaison Committee shall...

09/13/04

  3927

Re: Sheila Brown v. AHP (99-20593) claimants: Masia Anderson, Regenia Browning, Genevieve Demato, Janet Gray, Brenda Hairston, Nicole Killiebrew, Tracy Melleby, Janlaw Minor, Lynette Outlaw & Dorothy Smallwood

     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

09/13/04

 3928

Re: Sheila Brown v. AHP (99-20593)     AND NOW, on this 13th day of September, 2004, it is hereby ORDERED that the court will hear argument on September 20, 2004 at 2:00pm on the opt-out plaintiffs emergency motion to stay PTO 3888's injunction pending appeal.

09/13/04

 3929

Re: Susan Shumake v. AHP (03-20624)

     AND NOW, this 13th day of September, 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 Melony H. Gafford 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.  Wyeth waives no defense or argument that it may have in any other litigation involving Melony H. Gafford by agreeing to enter into this stipulation and Pretrial Order.     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.

09/13/04

  3930

Re: Cindy Pickering v. AHP (03-20314)

     AND NOW, this 13th day of September, 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 Janice Lynn Coman 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.  Wyeth waives no defense or argument that it may have in any other litigation involving Melony H. Gafford by agreeing to enter into this stipulation and Pretrial Order.     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.

09/13/04

 3931

Re: Patricia McIntyre v. AHP (03-20304)

     Plaintiff Marion Patricia McIntyre and defendants Wyeth and Wal-Mart Stores, Inc., pursuant to Rule 41(a)(1)(ii), Fed.R.Civ.P., and PTO NO. 445, hereby stipulate to dismissal of this action without prejudice an, in support thereof, state as follows:...

09/13/04

  3932

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

     AND NOW, this 13th day of September, 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 S. SMith 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.      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.

09/13/04

3933

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

     AND NOW, this 13th day of September, 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 Yvonne Holder, Charlene Borwn and Audra Davis  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.      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.

09/14/04

  3934

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

     Whereas, Wyeth filed on June 11, 2004 a Motion pursuant to PTO 2383 to Enforce PTO 1415 as to Class Members Silvanna Bauer, Ida Bucho, Adele Creager, Judy Foster, Kay Jones, Paula Larsen Patricia Lott, Dolores Mannin, and Winona McGonegal-Eden. 

     Whereas, Wyeth has resolved the claims of the following class members against whom the PTO 2383 Motion was filed: 1.  Patricia Lott, 2.  Silvanna Bauer, and 3.  Paula Larsen

     Whereas, Wyeth will file and serve a Notice of Withdrawal of the PTO 2383 Motion as to class members Patricia Lott, Silvanna Buer, and Paula Larsen upon finalization of settlement, which the parties anticipate will occur by mid-September 2004;

     Whereas, the PTO 2383 motion is pending against the following class members: 1.  Kay Jones, Adele Creager, Judy Foster, Winona McGonegal-Eden, Ida Bucho, and Dolores Manning;

     Whereas, counsel for the class members against whom the PTO 2383 Motion is pending have requested, and Wyeth has agreed, to an extension of time up to and including October 29, 2004 to respond to the PTO 2383 motion;

     Whereas, when the specific date for wyeth=s reply in support of the PTO 2383 motion is determined, the parties shall submit to the court for approval a stipulation for extension of time to file reply brief;...

09/14/04

  3935

Re: Janice Bennett v. Wyeth (03-20614)

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

     1.  The motion of plaintiffs to remand is DENIED; and     2.  All defendants in the above-captioned action except Wyeth and its related companies are DISMISSED.

09/14/04

 3936

Re: Clifton Bode (04-20200), Cynthia Creel (04-20178), Jim Humphries (04-20206), Maudie McLaughlin (04-20172) & Robin Reed (04-20185)

     AND NOW, this 14th day of September, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the above captioned actions are DENIED and;     2.  All defendants in the above-captioned actions except Wyeth and its related companies are DISMISSED.

09/15/04

  3937

Re: All Actions - FILED UNDER SEAL...

09/15/04

  3938

Re: Trina Davis v. Wyeth (04-20233

AND NOW, this 15th day of September, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the above captioned actions are DENIED and;     2.  All defendants in the above-captioned actions except Wyeth and its related companies are DISMISSED.

09/15/04

 3939

Re: Brenda Bankston (03-20765), Judy Gerwe (03-20622), Lucretta Kistler (03-20766) & Nancy Wells (03-20613) v. Wyeth

     AND NOW, this 15th day of September, 2004, it is hereby ORDERED that the motion of plaintiffs for reconsideration of PTO NO. 3856 or, in the alternative, for certification under 28 U.S.C. 1292(b) is DENIED.

09/16/04

 3940

Re: Juanita Harris v.Wyeth (04-20169)

     On this 16th day of September, 2004, the Court considered Defendant Wyeth=s Unopposed Motion for Leave to File First Amended Answer to Severed and Amended Complaint.  After considering such Motion, and the pleadings on file in this cause, the Court finds such Motion should be GRANTED.

The Clerk is directed to file Defendant Wyeth=s First Amended Answer as part of the record in this case.

09/16/04

 3941

Re: Sheila Brown v. AHP (99-20593) class member affected: Lesa Stanton

     IT IS STIPULATED AND AGREED between Leah Stanton 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 September 27, 2004 to respond to Lesa Stanton=s Motion to Compel and for Sanctions.

09/16/04

 3942

Re: Rhonda Shepard v. Wyeth (03-20616)

     AND NOW, this 16th day of September, 2004, it is hereby ORDERED that:

     1.  The motion of plaintiff to remand in the above captioned action is DENIED; and

     2.  Defendant Joe h. Kelly is DISMISSED.

09/16/04

  3943

Re: Mary D. Ingram v. Wyeth (04-25840)

     IT IS HEREBY STIPULATED by and between Plaintiff Mary D. Ingram and Defendants Wyeth and Dr. David E. Mansfield, that the Complaint in the above-captioned action be 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 Mary D. Ingram and all Defendants, Wyeth and Dr. David E. Mansfield who have appeared in the above-captioned case.

     This Stipulation is filed on the basis that plaintiff Mary D. Ingram and Defendants Wyeth and Dr. David E. Mansfield filed a stipulation of dismissal with the United States District Court for the Eastern District of Texas, Beamont Division in the above case.  On May 26, 2004 the final Order was signed (Exhibit A).  On July 30, 2004, plaintiff received notice that this case was transferred to the USDC for the EDPA (Exhibit B).

This Stipulation pertains to the above-captioned action only and does not affect any rights or benefits to which plaintiff may be entitled under the Nationwide Settlement Agreement with AHP.

09/16/04

  3944

Re: Sam Tayloe v. Wyeth (04-20986)

     IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action through his designated counsel that the plaintiff Sam Tayloe=s claims are hereby dismissed with prejudice as to Defendant Dr. Gary A. Tigges only, pursuant to Fed.R.Civ.Proc. 41(a)(1).

09/16/04

  3945

Re: Mary Hales v. Wyeth (04-23873)

     AND NOW, this 16th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41a) of the Federal Rules of Civil Procedure, that the claims of plaintiff Mary Hales in the above-captioned case are hereby dismissed with prejudice as to the named defendant, 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 the sole defendant.

     This stipulation complies with Federal Rule of Civil Procedure 41(a).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

09/16/04

 3946

Re: Lillie McNair v.  Wyeth (04-24023)

     AND NOW, this 16th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41a) of the Federal Rules of Civil Procedure, that the claims of plaintiffs Lillie McNair and Michael McNair in the above-captioned case are hereby dismissed with prejudice as to the named defendant, with each party to bear its own costs and counsel fees.

This stipulation complies with Federal Rule of Civil Procedure 41(a).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

09/16/04

 3947

Re: Wanta T. Kizer v. Wyeth (04-23745)

     AND NOW, this 16th day of September, 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 Patsy N. Culp, Lisa F. Paden, Stephanie Peeples, Thelma L. Reed, Katherine Smith, and Patricia K. Stafford 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 these 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.

     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.

09/16/04

  3948

Re: Michael W. Armstrong v. Wyeth (04-20145)

     AND NOW, this 16th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, that this case is 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 the sole defendant.

This stipulation is filed on behalf of plaintiffs and all defendants who have appeared in the above-captioned matter, as indicated by the endorsements of counsel below.

09/16/04

 3949

Re:Brenda Ruffin v. Wyeth (04-26710)

     AND NOW, this 16th day of September, 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 Brenda Ruffin in the above-captioned case are hereby dismissed with prejudice as to the named defendant, with each party to bear its own costs and counsel fees.

     This stipulation complies with Federal Rule of Civil Procedure 41(a).  All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

09/16/04

 3950

Re: Wanda Lee Dunn and Albert Leon Dunn v. AHP (03-20565)

     And now, this 16th day of September, 2004, it is hereby stipulated, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Petition and claims of plaintiffs, Wanda Lee Dunn and Albert Leon Dunn, in the above-captioned case are hereby dismissed with prejudice as to defendants, Michael G. Steelman, M.D.; Michael G. Steelman, M.D., Inc., individually and as a professional corporation, and Steelman Weight Loss Clinic, with all parties to bear their own costs and counsel fees.

09/16/04

 3951

Re: Melissa and Kevin Walker v. Wyeth (03-20566)

     Pursuant to Rule 41 of the Federal Rules of Civil Procedure - and by stipulation of all parties - plaintiffs hereby dismiss their claims against Wendy Heller, D.O., Wendy Heller, individually, and Tecumseh Medical Clinic, P.C., only, without prejudice to future action.

09/16/04

  3952

Re: Lisa Phelps-Dorris v. Wyeth (04-20096)

     COMES NOW SHARON MONK, Plaintiff in the above-referenced case, and advises the Court that she wishes to dismiss her claims and causes of action as to all Defendants in the case, with prejudice.  Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Sharon Monk and Defendants stipulate to the dismissal without prejudice of plaintiff=s claims as to all defendants.

09/17/04

  3953

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

     AND NOW, on this 17th day of September, 2004, after determining that plaintiffs and plaintiffs= counsel were seeking to preempt and render moot this court=s pretrial order no. 3888 before the hearing scheduled on September 30, 2004 on its applicability to all class members who have exercised downstream opt-outs, we entered PTO No. 3892 on September 2, 2004 temporarily restraining class members from applying or arguing for a ruling from any California Court on the question of a reverse-bifurcated trial in the following cases: Kult v. Wyeth, Nelson v. Wyeth, Miller v. Wyeth, Alva v. Wyeth, Blake v. Wyeth, & Hines v. Wyeth.  We now extend that temporary restraining order for an additional ten days, and hereby ORDERED that:

     1.  Plaintiffs and their counsel in the above actions are TEMPORARILY RESTRAINED from applying or arguing for a ruling from any California court on whether it is advisable to hold a reverse-bifurcated trial; and

     2.  This temporary restraining order shall extend through and including October 1, 2004.

09/17/04

  3954

Re: Wanda T. Kizer (04-23745) & Tonya D. Mathis (04-22903) v. Wyeth

     AND NOW, this 17th day of September, 2004, it is hereby ORDERED that:

     1.  The motion of plaintiffs in the two above-captioned actions to remand are DENIED; and

     2.  All defendants in the two above-captioned actions except Wyeth and its related companies are DISMISSED.

09/17/04

  3955

Re: Carolyn Brewer v. Wyeth (03-20279)

     AND NOW, this 17th day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action no. 03-20279, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a severed and amended complaint; and

     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

09/17/04

  3956

Re: Pamela G. Ellison v. AHP  (04-20099)

     AND NOW, this 17th day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  Pursuant to Rule 21 of the Federal Rules of Civil Procedure, the above-captioned action shall be severed into separate civil actions;

     2.  Each plaintiff and his or her derivative claimants shall submit for filing a severed and amended complaint no later than 60 days of the date of this order and in accordance with paragraphs 7, 8, 10, and 12 of PTO No. 3370;

     3.  The clerk of court shall assign a separate civil action number, which shall be related to civil action no. 03-20279, for each severed and amended complaint filed pursuant to this order;

     4.  A filing fee in the amount of $150.00 shall be remitted to the clerk of court for each severed and amended complaint, except for the first named plaintiff who files a severed and amended complaint; and

     5.  Failure to remit the filing fee with a severed and amended complaint, except as noted in paragraph 4, will result in the dismissal with prejudice of any and all claims asserted by the plaintiff.

09/20/04

3957

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

     AND NOW, on this 20th day of September, 2004, after determining that plaintiffs and plaintiffs= counsel were seeking to preempt and render moot this court=s Pretrial Order no. 3888 before the hearing scheduled on September 20, 2004 on its applicability to all class members who have exercised downstream opt-outs, we entered PTO No. 3899 on September 2, 2004 temporarily restraining class members from applying or arguing for a ruling from any New Mexico Court on the question of a reverse-bifurcated trial in the case of St. Martin v. Wyeth.  We now extend that temporary restraining order for an additional ten days, and it is hereby ORDERED that:

     1.  Plaintiffs and their counsel in the above action are TEMPORARILY RESTRAINED from applying or arguing for a ruling from any New Mexico Court on the question of a reverse-bifurcated trial;

     2.  This temporary restraining order shall extend through and including October 4, 2004.

09/20/04

  3958

Re: Sheila Brown v. AHP (99-20593) for the following claimants: David Ahrend, Laerence Bryson, Peggy Fredericksen, Kimberly Henderson, James L. Jeffers, Michelle Mallinson, George Ann Pope, James Quitoni, Lynda Tuckett & Sharon Wells

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

09/22/04

  3959

Re: Ruby Blake (04-20070), Deanna Garcia (04-20078) & Ricky Wilson (04-20069) v. Wyeth

     AND NOW, this 22nd day of September, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the above-captioned actions are DENIED; and

     2.  All defendants in the above-captioned actions except Wyeth, Inc., and it related companies are DISMISSED.

09/22/04

  3960

Re: Mary Cain  (04-20194), Carol Kaye Hopper-Warrick (04-20202), Mary Madalene Sain (04-20036), Debra G. McDonald (04-20102) & Helen Charlyne Speaker (04-20031) v. Wyeth

     AND NOW, this 22nd day of September, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the above-captioned actions are DENIED; and

     2.  All defendants in the above-captioned actions except Wyeth, Inc., and it related companies are DISMISSED.

09/22/04

  3961

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

AND NOW, on this 22nd day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the application  of PTO No. 3888 to all remaining class members who exercise a downstream opt-out under the Nationwide Class Action Settlement Agreement is DENIED without prejudice to Wyeth=s right to file a motion seeking such relief at any time after January 1, 2005.

09/22/04

  3962

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

     AND NOW, on this 22nd day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The emergency motion of opt-out plaintiffs to stay PTO No. 3888's injunction pending appeal is GRANTED in part and DENIED in part; and

     2.  Said injunction is stayed as to any plaintiff who obtains a postponement of his or her trial until the court of appeals decides the pending appeal.  Otherwise the motion for a stay is denied.

09/22/04

  3963

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

     AND NOW on this 22nd day of September, 2004, after a hearing on the matter held before this court on September 20, 2004, it is hereby ORDERED that the temporary restraining orders entered in PTO Nos. 3892 and 3899 and extended in PTO Nos. 3953 and 3957 for the following cases are vacated:

     1.  Kult v. Wyeth, Nelson v. Wyeth, Miller v. Wyeth, Alva v. Wyeth, Blake v. Wyeth, Hines v. Wyeth and;

     2.  St. Martin v. Wyeth.

09/23/04

  3964

Re: All Actions

     AND NOW, TO WIT, this 23rd day of September, 2004, upon consideration of the Fifty-First Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (04/01/04 through 08/31/04), 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 $3,621.75 for the period from 08/01/04 through 04/31/04, in accordance with the procedure established by the Court.

09/23/04

 3965

Re: All Actions

     AND NOW, TO WIT, this 23rd day of September, 2004, upon consideration of the Twenty-Ninth Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to PTO No. 2383 (08/01/04 through 08/31/04), 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 $21,310.39 for the period from 08/01/04 through 08/31/04, in accordance with the procedure established by the Court.

09/23/04

  3966

Re: All Actions

     AND NOW, TO WIT, this 23rd day of September, 2004, upon consideration of the Forty-Fifth Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (08/01/04 through 08/31/04), 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 $114,237.88 for the period from 08/01/04 through 08/31/04, in accordance with the procedure established by the Court.

09/23/04

  3967

Re: All Actions

     AND NOW, TO WIT, this 23rd day of September, 2004, upon consideration of the Seventy-Seventh Application by special Discovery Master for Interim Compensation and Reimbursement of Expenses (08/01/04 through 08/31/04), 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 $98,183.11 for the period from 08/01/04 through 08/31/04, in accordance with the procedure established by the Court.

09/24/04

  3968

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

     AND NOW, this 24th day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that AMatrix claimant Salvatore Forlenza=s motion for payment under court approved procedure 4 and motion to enforce PTO 2805" is DENIED.

09/24/04

  3969

Re: All Actions - UNDER SEAL

09/24/04

  3970

Re: Gary Peterson v. Wyeth (04-20059)

     AND NOW, this 24th day of September, 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 plaintiff=s re-file any claim or action arising out of the use of Pondimin and Redux, plaintiff=s shall re-file such claim or action in federal court only, and shall not add any new claims or parties.

     This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matter, those being Wyeth, AHP, Wyeth-Ayerst.

09/24/04

  3971

Re: Dorothy Curlee v. Wyeth (03-20819)

     AND NOW, this 24th day of September, 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 plaintiff=s re-file any claim or action arising out of the use of Pondimin and Redux, plaintiff=s shall re-file such claim or action in federal court only, and shall not add any new claims or parties.

     This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matter, those being Wyeth, AHP, Wyeth-Ayerst.

09/24/04

  3972

Re: Betty Jones v. Wyeth (04-20050)

     AND NOW, this 24th day of September, 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 plaintiff=s re-file any claim or action arising out of the use of Pondimin and Redux, plaintiff=s shall re-file such claim or action in federal court only, and shall not add any new claims or parties.

     This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matter, those being Wyeth, AHP, Wyeth-Ayerst.

09/24/04

  3973

Re: Renia Davis (Betty E. Bonnett) v. Wyeth (04-20371)

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of Betty Bonnett, one of the Plaintiffs 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.

     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.

09/24/04

  3974

Re: Wanda T. Kizer v. Wyeth (04-23745)

     AND NOW, this 24th day of September, 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 Diana L. Mitchell 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 Diana L. Mitchell 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 through the undersigned counsel of record.

09/24/04

 3975

Re: Robert Lynch v. Wyeth (04-20048)

     AND NOW, this 24th day of September, 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 plaintiff=s re-file any claim or action arising out of the use of Pondimin and Redux, plaintiff=s shall re-file such claim or action in federal court only, and shall not add any new claims or parties.

     This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matter, those being Wyeth, AHP, Wyeth-Ayerst.

09/24/04

  3976

Re: Ann Rozelle v. Wyeth (04-20057)

     AND NOW, this 24th day of September, 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 plaintiff=s re-file any claim or action arising out of the use of Pondimin and Redux, plaintiff=s shall re-file such claim or action in federal court only, and shall not add any new claims or parties.

     This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matter, those being Wyeth, AHP, Wyeth-Ayerst.

09/24/04

 3977

Re: Holly Bozant v. Wyeth (04-20824)

     AND NOW, this 24th day of September, 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 plaintiff=s re-file any claim or action arising out of the use of Pondimin and Redux, plaintiff=s shall re-file such claim or action in federal court only, and shall not add any new claims or parties.

     This Stipulation is filed on behalf of Plaintiffs and all Defendants who have appeared in the above-captioned matter, those being Wyeth, AHP, Wyeth-Ayerst.

09/24/04

 3978

Re: Charles Taylor v. Wyeth (03-20242)

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of Charles Taylor, one of the plaintiffs in the above-captioned case, are hereby dismissed with prejudice as to ALL DEFENDANTS, with each party to bear its own costs and counsel fees.

     Nothing in this order shall affect the claims and causes of action of any other plaintiff in this matter.

     This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure.  All active parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record.

09/24/04

  3979

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

     AND NOW, this 24th day of September, 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 Deborah King 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.

09/24/04

  3980

Re: Yvette Hernandez v. Wyeth (03-20524)

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a)(1)(ii), that the claims of plaintiffs Deborah King 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.

09/24/04

  3981

Re: Sandy Dedushaj v. Wyeth (04-20826)

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a)(1)(ii), that the claims of plaintiff Sandy Dedushaj 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.

09/24/04

 3982

Re: Joyce Venters v. Wyeth (03-20529)

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a)(1)(ii), that the claims of plaintiff Joyce Venters in the above-captioned case are hereby dismissed with prejudice as to Defendant William Mark Armstrong, 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.

09/24/04

  3983

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

     Pursuant to Rule 41 of the Federal Rules of Civil Procedure, and this Stipulation, the parties agree that the Complaint filed on behalf of Robyn R. Greene shall be dismissed with prejudice, each party to bear its own costs and fees.

09/24/04

  3984

Re: K. Richard Young v. Wyeth (03-20259)

     Pursuant to Rule 41 of the Federal Rules of Civil Procedure, and this Stipulation, the parties agree that the Complaint filed on behalf of K. Richard Young shall be dismissed with prejudice, each party to bear its own costs and fees.

09/24/04

 3985

Re: Dora Whites v. Wyeth (04-20159)

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a)(1)(ii), that the claims of plaintiff Loretta Box in the above-captioned case are hereby dismissed with prejudice as to Defendant William Mark Armstrong, 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.

09/24/04

 3986

Re:Janice Coleman v. Wyeth (04-20548)

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a)(1)(ii), that the claims of plaintiff Janice Coleman the above-captioned case are hereby dismissed without prejudice as to Defendant Jay C. Proctor, III, 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.

09/24/04

  3987

Re: Kim B. Hilden v. AHP (03-20060)

     IT IS HEREBY STIPULATED by and between plaintiff Kim B. Hilden and defendants Medeva and Fisons pursuant to F.R.C.P. Rule 41, through their respective counsel of record:

     The parties agree that the plaintiff did not ingest phentermine manufactured or sold by Medeva or Fisons and, accordingly, agree and stipulate that defendants Medeva and Fisons may be dismissed from this action without prejudice, each of the parties to bear their respective costs.

     In the event that plaintiff re-files any claim or action against Medeva and Fisons arising out of the use of phentermine, plaintiff shall re-file such claim or action in federal court only.

09/24/04

  3988

Re: Estate of Billy Ray Booth, Deceased, Sharon K. Booth, Susan Daroma, Judith Rpobards, Kenneth W. robards, Marjorie Schloss, Kathlee Sharp, Tamara Taylor, Betty J. Ware, and Earl A. Ware v. Wyeth (04-21808)

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, that this case is hereby dismissed without prejudice as to all named defendants, with each party to bear its own costs and counsel fees.

09/24/04

  3989

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

     AND NOW, this 24th day of September, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Rule 41(a)(1)(ii), that the claims of plaintiff Kristy Gangloff in tthe 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.

09/24/04

  3990

Re: Bobbie Amiker v. Wyeth (03-20343)

     AND NOW, this 24th day of September, 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 Ethel Tate, Carolyn Gilroy and Booby Hood in the above-captioned case are hereby dismissed without prejudice as to all named defendants, with each party bo ear its own costs and counsel fees.  Further, it is hereby stipulated that plaintiffs Ethel Tate, Carolyn Gilroy and Bobby Hood retain the right to seek whatever benefits to which they believe they may be entitled under the nationwide class action settlement agreement with AHP.

     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.

09/27/04

  3991

Re: Debra Alexander (04-21035), Mygra M. Brewington (04-21002), Sherilyn Carter (04-20984), Christiana M. Dudley (04-20955), Patricia A. Eberwein (04-21032), Pauala M. Gilbert (04-21043), Sandra D. Lasseberg (04-21000) & Carolyn Mathews (04-21004)

     AND NOW, this 27th day of September, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the above captioned actions are DENIED; and

     2.  All defendants in the above-captioned actions except Wyeth are DISMISSED.

09/27/04

  3992

Re: Sheila Brown v. AHP (99-20593) claimants: Dale Anderson, Sandra Atkinson, Mary Dickinson, Jacklyn Harman, Michael Kaatz, Constance Olsen, Debra Sherlock, Johnnie Whittington, Beth Williams & Wendee Wright

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

     The Court has received Applications for Issuance of Orders to Show Cause (AApplications@),

09/27/04

  3993

Re: Karen Castle v. Wyeth (03-20611)

     AND NOW, this 27th day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiffs to remand is DENIED; and

     2.  All claims against defendants Sharon Jenkins, Regina G. Thomas, Paul F. Brodeur, Richard H. Flett, Richard L. Sommers, James R. Pearce, Jr., and Daniel Jaworski are DISMISSED

09/27/04

  3994

Re: Mike Cockrell v. Wyeth (03-20626)

     AND NOW, on this 27th day of September, 2004, it is hereby ORDERED that the unopposed motion of Wyeth to dismiss with prejudice the claims of Joe Owens for failure to prosecute is GRANTED.

09/28/04

  3995

Re: Rhonda Allen (04-23140), Mary J. Bryan (04-23142), Kelly L. Phillips (04-23139), & Katherine Ramsey (04-21591)

     AND NOW, this 28th day of September, 2004, it is hereby ORDERED that:

     1.  The motions of plaintiffs to remand in the above-captioned actions are DENIED; and

     2.  All defendants in the above-captioned actions except Wyeth, Inc., are DISMISSED.

09/29/04

3996

Re: Sandra Sittum (03-20253) & Regina Uwalaka (03-20301)

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

     1.  The motion of defendant John S. Daniels, M.D. to dismiss in the following actions are GRANTED; Sandra Stittum v. Wyeth and Regina Uwalaka v. Wyeth; and

     2.  The motions of defendant John S. Daniels, M.D. for summary judgment in the following actions are DENIED as moot: Sandra Stittum v. Wyeth and Regina Uwalaka v. Wyeth.

09/30/04

  3997

Re: Mary Kathryn Dwyer v. AHP (03-20357)

     Defendant has agreed that plaintiff may have until October 6, 2004 to respond to Defendant=s Motion to Dismiss the Settled Claims of Class Member Mary Kathryn Dwyer.  Plaintiff in turn has agreed that Defendant shall have two weeks, until October 20, 2004, to reply to that response.  Accordingly, the parties respectfully request the Court to order such extension of time.

09/30/04

 3998

Re: Eileen Turner v. Wyeth (04-20097)

     On this day came on to be heard Plaintiff Donna Nixon=s Unopposed Motion for Leave to file Severed and Amended Complaint, and the Court, having considered same, is of the opinion that said motion is good and should be granted.  It is therefore,

     ORDERED, ADJUDGED and DECREED that plaintiff Donna Nixon=s Unopposed Motion for Leave to File Severed Amended complaint is hereby GRANTED.

09/30/04

  3999

Re: Glenda Wisdom v. Wyeth (03-20541)

     AND NOW, this 30th day of September, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

     1.  The motion of plaintiffs to remand is DENIED and

     2.  All claims of plaintiff Mary Brennan are DISMISSED without prejudice.


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