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The Official MDL - 1203 Web Site
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FENPHEN MDL-1203 Offical
Website for the United States Courts' Multidistrict Litigation, Action No. 1203, In Re: Diet Drugs
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. |
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 | 3666 | Re: 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. |
|
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 | 3746 | Re: 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. |
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 | 3780 | Re: 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 |
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
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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. |
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09/27/04
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3992
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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@), |
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09/27/04
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3993
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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 |
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09/27/04
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3994
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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. |
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09/28/04
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3995
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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. |
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09/29/04
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3996
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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. |
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09/30/04
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3997
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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. |
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09/30/04
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3998
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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. |
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09/30/04
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3999
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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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