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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
09/30/04 | 4000 | Re: Regina Jones
McMullen v. Wyeth (03-20235)
AND NOW, this 30th day of September, 2004,
it is hereby STIPULATE, ORDERED, ADJUDGED and DECREED pursuant to
Rule 41(a) of the Federal Rules of Civil Procedure that the claims
of plaintiffs Linda Goodhart and john G. Goodhart in the above
captioned matter are hereby dismissed without prejudice as to all
named defendants, with each party to bear its own costs and counsel
fees. Wyeth waives no argument or defense by agreeing to
enter into this stipulation.
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. | 09/30/04 | 4001 | Re: Sheila
Brown v. AHP (99-20593) claimant: Lula Beach, Executor of the
estate of Jame L. Beach, Deceased
On August 25, 2004, Claimant Lula Beach,
Executor of the Estate of James L. Beach, Deceased (AClaimant@)
filed a Notice of Appeal from the Report and Award of the
Arbitrator who presided over her appeal from the AHP Settlement
Trust=s Final Determination on her claim for Matrix Compensation
Benefits. AND NOW, this 30th day of September, 2004, it is
hereby ORDERED that:
1. The Chair of the Arbitrator Panel
(AChair@) shall number the pages of the arbitration record
consecutively and, within 10 days of the date of this Order, shall
provide to the Court, the Claimant, and counsel for the AHP
Settlement Trust a complete copy of the arbitration record.
2. Within 30 days of the date of
this Order, Claimant shall file and serve an appellate brief, which
shall include a statement of the issues presented for review, a
summary of Claimant=s argument and a conclusion stating the precise
relief sought. Claimant=s bries shall not exceed 20 pages in
length.
3. Within 20 days of service of
Claimant=s brief, the AHP Settlement Trust shall file and serve a
responsive brief. The AHP Settlement Trust=s responsive brief
shall not exceed 20 pages in length.
4. Within 11 days of service of the
AHP Settlement trust=s responsive brief, Claimant may file and
serve a reply brief. Claimant=s reply brief, if any, shall
not exceed 10 pages in length.
5. All references to the arbitration
record in the parties= briefs shall be to the pages of the record
as marked by the Chair. The court will not consider evidence
that is not part of the arbitration record. | 10/04/04 | 4002 | Re: Carol Cantrell
v. Wyeth (04-20003)
COMES NOW Carol Cantrell, Plaintiff in the
above-referenced case, and advises the court that she wishes to
dismiss her claims and causes of action as to Defendant Stella
Kwong, M.D. in this case, without prejudice. Pursuant to Rule
41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff
Carol Cantrell, Defendant Stella Kwong, M.D., and Defendant Wyeth
stipulate to the dismissal without prejudice of Plaintiff Carol
Cantrell=s claims as to Defendant Stella Kwong, M.D. The
Plaintiff is dismissing her claims and causes of action without
prejudice as to Dr. Kwong only, and all claims and causes of action
between the Plaintiff and Wyeth remain pending before this
Court. | 10/04/04 | 4003 | Re:
Lesley Reeves v. Wyeth (04-20615)
AND NOW, this 4th day of October, 2004, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in
the above-captioned case are to be dismissed with prejudice and on
the merits, with each party to bear its own costs and counsel
fees.
This Stipulation is filed on behalf of
Plaintiff and Defendant Wyeth, the only named defendant in this
action. | 10/04/04 | 4004 | Re: Kenya Brister
v. Wyeth (03-20558)
AND NOW, this 4th day of October, 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. Gray@ and
plaintiff Roger 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 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. | 10/04/04 | 4005 | Re: Tony
Mathis, Et Al. v. Wyeth (04-22903)
AND NOW, this 4th day of October, 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 Elnidia Dennis, James Dodson, Brenda Hood, Timothy
Kirkland, Dana Mann and Rosie Thompson 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 or record. | 10/04/04 | 4006 | Re: Duwanda
Robbins v. Wyeth (02-20081)
AND NOW, this 4th day of October, 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 Duwanda Robbins 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. | 10/04/04 | 4007 | Re: Nancy
McGuffie, Et Al. v. Wyeth (04-26206)
AND NOW, this 4th day of October, 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 Tracy Shaw 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 or record. | 10/04/04 | 4008 | Re: Maple Campbell
v. Wyeth (03-20338)
AND NOW, this 4th day of October, 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 Maple Campbell 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. | 10/04/04 | 4009 | Re: Tonya Mathis
v. Wyeth (04-22903)
AND NOW, this 4th day of October, 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 Jannie M. Webb 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
under the Accelerated Implementation Option of the Nationwide Class
Action Settlement of the litigation against Wyeth relating to the
diet drugs Pondimin and Redux. | 10/04/04 | 4010 | Re: Veronoca
Blanton v. Wyeth (04-26699)
AND NOW, this 4th day of October, 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 Nancy Hughes 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
under the Accelerated Implementation Option of the Nationwide Class
Action Settlement of the litigation against Wyeth relating to the
diet drugs Pondimin and Redux. | 10/04/04
| 4011 | Re: Lisa
Bishop v. Terry Lowe, M.D. (03-20601)
AND NOW, this 4th day of October, 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 Peggy Brooks 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 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. | 10/04/04
| 4012 | Re: Janice Binion
v. Wyeth (02-20119)
AND NOW, this 4th day of October, 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 Beverly Fleming 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 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. | 10/04/04
| 4013 | Re:
Janice Binion v. Wyeth (02-20119)
AND NOW, this 4th day of October, 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 Beverly Young 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. | 10/04/04
| 4014 | Re: Sheila
Brown v. AHP (99-20593) for the following claimants: Evelyn
Blackwell, Vonda Carlson, Tina Doss-Hamilton, Joyce Ellison, Mark
Knight, Mary Lou Ligman, Joseph McMahon, Shelli Murphy, Carol
Shepherd & Pamela Wofford
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. | | 10/04/04 |
4015 | Re: Julius L.
Anderson v. Wyeth (03-20361)
AND NOW, this 4th day of October, 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 Joanna Austin, 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. | 10/05/04
| 4016 | Re: Theresa
Bartholomew v. AHP (04-21817)
AND NOW, this 5th day of October, 2004,
upon consideration of Milton Bartholomew, Jr., Sedrick P.
Bartholomew and Lucien L. Bartholomew=s motion to be substituted as
party plaintiffs in this case, it is hereby ORDERED that the motion
is GRANTED. | | 10/05/04 | 4017
| Re: Mary Green
(04-20866), Helen Griffin-Rivera (04-20950), Lorraine Hammer
(04-21048), Vanessa Miller (04-21042), Angela Modester (04-21020),
Edra Moore-Bailey (04-21026). Deborah Morrison (04-21006), Pamela
Padden (04-20963), Carolyn Smith (04-20990), Emily Stover
(04-20973), Debra Stuart (04-20850), Mary Wells (04-21018) &
Sharon Wooten (04-20979) v. Wyeth
AND NOW, this 5th day of October, 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. | | 10/08/04 | 4018 | Re: All Actions -
FILED UNDER SEAL | | 10/12/04 | 4019 | Re: Sheila Brown v. AHP
(99-20593) claimants: Katherine Brown, John Wyayne Colwell, Crystal
Farris-Roberson, Tara Gatson, John W. Harman, Theresa Hixon, Brenda
Houlder, James Payme, Linda Sica, Tammy Sutterfield & Patricia
Wattenbarger
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. | | 10/12/04 | 4020 | Re: Sheila Brown
v. AHP (99-20593)
AND NOW, this 12th day of October, 2004,
based on our review of the record and finding excusable neglect, it
is hereby ORDERED that the unopposed motion of class counsel for
Apermission to forward to the AHP Settlement Trust (ATrust@)
original claim materials that the law firm of Ingram &
Associates, PLLC inadvertently submitted to the Class Counsel Claim
Office, and not directly to the Trust, for processing by the trust
as though the materials had been submitted directly to the Trust by
May 3, 2003" is GRANTED. | 10/13/04
| 4021 | Re: Rhonda Shepard
v. Wyeth (03-20616)
AND NOW, this 13th day of October, 2004,
it is hereby ORDERED that the motion of plaintiff for
reconsideration of Pretrial Order no. 3942 or, in the alternative,
for certification under 28 U.S.C. 1292(b) is DENIED. | | 10/18/04 | 4022 | Re: Sheela
Westbrooks-Thibodeaux (04-26765), Theresa Grant (04-26911), Henry
L. Marino (04-26912), Annette K. Nelsen (004-26909), Doris M.
Nickels (04-26947), Maureen Stephens (04-26766), Linda C. Talcott
(04-26921), Karen Traiter (04-26910) & Brenda York (04-26952)
v. Wyeth
On this day came for consideration Wyeth=s
Unopposed Motion for Extension of Time to File Memorandum in
Consolidated Response to Plaintiff=s Motions to Remand. The
Court finds that the motion should be granted.
IT IS THEREFORE ORDERED that Wyeth is
granted an extension to October 12, 2004 to file its memorandum in
consolidated response to Plaintiffs= motions to remand in the
captioned cases. | | 10/18/04 | 4023 | Re: Sheila Brown
v. AHP (99-20593)
Order modifying stay regarding certain
high level claims
AND NOW, this 18th day of October, 2004,
it is hereby:
ORDERED, ADJUDGED AND DECREED that the
stay on processing and payment of Matrix Level I and Matrix Level
II claims set forth in Paragraph 17 of Pretrial Order No. 3880
shall not apply to any claims for Matrix Compensation Benefits
under the Nationwide Class Action Settlement Agreement with Wyeth
(Settlement Agreement) in which the unaudited answers provided by
the Attesting Physician in the Green Form Part II contain
sufficient information on medical conditions to support a claim for
Matrix Compensation Benefits on Matrix Level III, Matrix Level IV,
or Matrix Level V of the Settlement Agreement and which are found
potentially payable on Matrix Level I or II after Audit by the
Trust under PTO No. 2807. | | 10/18/04 | 4024 | Re: Sheila Brown
v. AHP (99-20593) claimant: Lula Beach, Executor of the Estate of
James L. Beach, Deceased
By agreement of the parties, Pretrial
Order No. 4001, which sets the briefing schedule for Claimant=s
appeal from the Report and Award of Arbitrator, is hereby modified
as follows:
1. Claimant shall file and serve an
appellate brief, which shall include a statement of the issues
presented for review, a summary of Claimant=s argument and a
conclusion stating the precise relief sought, on or before December
1, 2004. Claimant=s brief shall not exceed twenty (20) pages
in length.
2. Within twenty (20) days of
service of Claimant=s brief, the AHP Settlement Trust shall file
and serve a responsive brief. The AHP Settlement Trust=s
responsive brief shall not exceed twenty (20) pages in
length.
3. Within eleven (11) days of
service the AHP Settlement Trust=s responsive Claimant=s may file
and serve a reply brief. Claimant=s reply brief, if any,
shall not exceed ten (10) pages in length.
4. All other provisions of Pretrial
Order nO. 4001 shall remain the same. | 10/18/04
| 4025 | Re: Lawrence B.
Bridges (Thomas Hutchinson) v. Wyeth (Dr. Frank De La Torre)
(04-20867)
On this 18th day of October, 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 without prejudice
as to Defendant Francisco J. de la Torre, M.D., with each party to
bear its own costs and counsel fees.
This Stipulation is filed on behalf of
Plaintiff Thomas Hutchinson and Defendant Francisco J. de la Torre,
M.D., who have appeared in the above-captioned matter. | | 10/18/04 | 4026 | Re: Virginia
S. Tennison v. Wyeth (04-21006)
COMES NOW Virginia S. Tennison, Plaintiff
in the above-referenced case, and advises the Court that she wishes
to dismiss her claims and causes of action as to defendant Dr.
Calvin T. Simmon in this case, without prejudice. Pursuant to
Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure,
Plaintiff Virginia S. Tennison and Defendant Dr. Calvin T. Simmons
stipulate to the dismissal without prejudice of Plaintiff Virginia
S. Tennison=s claims as to Defendant Dr. Calvin T. Simmons.
This stipulation does not apply to any
plaintiff in this lawsuit who is not specifically identified
herein, and should not be construed to stipulate to dismissal of
any of those plaintiffs= claims. | | 10/18/04 | 4027 | Re: Glenda
Sims v. Wyeth (04-20659)
AND NOW, this 18th day of October, 2004,
it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff
Glenda Sims hereby dismissed with prejudice this action as to the
defendants Wyeth, Wyeth-Ayerst, Wyeth Pharmaceutical, Smithkline
Beecham, Glaxosmith-Kline, as successor thorugh merger, Medeva,
Fisons, Gate, Dorinda Adams, Benjamin Brink, Scott Duliban,
Michelle Herren, Stephanie Mueller, Lisa Vergilio, Cindy Reeves,
Melanie Weinbaum, Ion Labs, Zenith Goldline, Camall, Jones Medical
Industries, Abana, Rugby, Qualitest, United Research Labs, Duramed,
Dr. Barry G. Willens, Brookshire Borthers, Albertsons, with each
party to bear their own costs and counsel fees.
This stipulation is filed on behalf of
plaintiff Glenda Sims and defendants Wyeth, Dorinda Amams,
Stephanie Mueller, Lisa Virgilio, Melanie Weinbaum, Benjamin Brink,
Scott Duliban, Cindy Reeves, Berry Willens, M.D., Albertson=s Inc.,
who have appeared in the above-captioned matter. | | 10/18/04 | 4028 | Re: Tina Cragun v.
Wyeth (03-20267)
Pursuant to Rule 41 of the Federal Rules
of Civil Procedure, and this Stipulation, the parties agree that
the Complaint filed on behalf of Tina Cragun shall be dismissed
with prejudice, each party to bear its own costs and fees. | 10/18/04
| 4029 | Re: Susan W.
Snyder v. Wyeth (02-20181)
AND NOW, this 18th day of October, 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 d |
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| | 4049 | | | 10/21/04 | 4050 | Re: Sheila Brown v. AHP
(99-20593) IT
IS STIPULATED AND AGREED between Carrie Taylor and the AHP
Settlement Trust (the A
Trust@), through their respective and undersigned
counsel, that the Trust shall have an extension of time up to and
including November 3, 2004 to respond to Carrie Taylor= s
Motion to Appear Instanter and accept Late Settlement
Registration. This is the first such
stipulation for extension of time, and does not exceed thirty
days. | | 10/21/04 | 4051 | Re: Harriette Shoemaker v. Wyeth
(03-21377) On
this day on a regular term of court came on to be considered the
Plaintiff=
s Motion for Leave to File
Plaintiff=s Reply to Wyeth=s Memorandum of Law in Opposition to
Plaintiff=s Motion to Remand and the Court finds that
the Motion should be granted. It is,
therefore, ORDERED that the Clerk of Court is to file
Plaintiff=s Reply to
Wyeth=s
Memorandum of Law in Opposition to Plaintiff=s Motion to
Remand among the papers on file in this Civil Action. | | 10/21/04 | 4052 | Re: Brenna Hayes v. Wyeth
(03-21129) On
this day on a regular term of court came on to be considered the
Plaintiff=
s Motion for Leave to File
Plaintiff=s Reply to Wyeth=s Memorandum of Law in Opposition to
Plaintiff=s Motion to Remand and the Court finds that
the Motion should be granted. It is,
therefore, ORDERED that the Clerk of Court is to file
Plaintiff=s Reply to
Wyeth=s
Memorandum of Law in Opposition to Plaintiff=s Motion to
Remand among the papers on file in this Civil Action. | | 10/22/04 | 4053 | Re: Sheila Brown v. AHP (99-20593) claimants:
Delpha Carlson, Joanne Esposito, Donna Ferrari, Joy Johnson, Aaron
Modansky, Willa Raland, Frank Sanchez, Sondra Stutzman, Ruthie
Vaughn & Deta 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 (A
Applications@), 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 Pretrial Order 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 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 the se 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. | | 10/22/04 | 4054 | Re: Leslie Bales (04-20899), Susan Fabos
(04-21011), Kathryn Moore (04-21022), Cheryl L. Peterson
(04-21013), Paula Schirman (04-20989), Paggy G. Talamantez
(04-21024), Zelma D. Tate (04-20987) & Barbara Watts (04-21012)
v. Wyeth
AND NOW, this 22nd day of October, 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. | | 10/26/04 | 4055 | Re: Lavonna and Jerzy Polmerski v. Wyeth
(03-20204)
AND NOW, this 26th day of October, 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 plaintiffs and defendants, with each party to bear its own
costs and counsel fees.
Notwithstanding the foregoing, this Order shall not affect any
remaining rights to which plaintiffs may be entitled pursuant to
the Nationwide Class Action Settlement Agreement with
Wyeth. This Stipulation is filed on behalf
of all parties who have appeared in the above-captioned
matter. | | 10/26/04 | 4056 | Re: Re: Margaret
and Richard Hornberger v. Wyeth (03-20257)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the Complaint filed herein in
the above-captioned action is hereby dismissed with prejudice, with
each party to bear its own costs and counsel
fees. Dismissal of this action does not
extinguish or otherwise adversely affect any rights plaintiffs may
have to pursue all remedies available to them as members of a class
action against Wyeth, in the Eastern District of
Pennsylvania. | | 10/26/04 | 4057 | Re: Marsha Seabourne v. Wyeth
(03-20346)
AND NOW, this 26th day of October, 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
Marsha Seabourne are hereby dismissed without prejudice as to all
named defendants, with each party to bear its own costs and counsel
fees.
Notwithstanding the foregoing, this Order shall not affect any
right to which plaintiff may be entitled pursuant to the nationwide
class action settlement agreement with Wyeth. In
the event that plaintiff re-files any such claim or action arising
out of the use of Pondimin or Redux, plaintiff shall re-file such
claim or action in federal court only, and plaintiff shall name no
new defendants. This stipulation is filed
on behalf of plaintiff Marsha Seabourne and all defendants how have
appeared in the above-captioned matter.` | | 10/26/04 | 4058 | Re: Perry Michael French v. Wyeth
(03-20353)
AND NOW, this 26th day of October, 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 perry Michael French 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. Further,
it is hereby stipulated that plaintiff Perry Michael French retains
the right to seek whatever benefits to which he believes he may be
entitled to 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. | | 10/26/04 | 4059 | Re: Reabeth abbott, et al. v. Wyeth
(04-20006)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii),that the claims of plaintiffs
Reabeth Abbott, Vanessa Brice, Gerrie Sue Brown, Gwendolyn Carter,
Dimitri Chancellor, Ruby Claybourne, Vickey Cline, Lisa Crumpton,
Wanda Dillon, John Fazio, Rhonda Fisher, Denise Griffin, Brenda
Haynes, Debbye Humphries, Susan Irlbeck, Claudia Jenkins, Maria
Karisch, Maribeth Keller, Kathy Lackey, Jacqueline Lee, Sandra Sue
Lynn, Marcie Mendoza, Yolanda Mills, Tonya Montague, Linda Munoz,
bobbie Murkledove, Tracy Murray, Dora Perez, Pat Perkins, Helen
Platt, Jennifer Ramirez, Judy Robertson, Nora Romero, Melba
Sanford, Johnice Scantlin, Juanita Seals, Helen Shaw, Cynthia
Spanel, Mary Stallings, Mary Steverson, Tammy Taylor, Anna Trull,
Hortensia Ugalde, Stephanie Ward, Dorothy Watson, JoeAnn Williams,
Linda Williams, And Belinda Word-Johnson are hereby dismissed
without prejudice as to defendants Wyeth, Inc., Wyeth
Pharmaceuticals, A.H. Robins Company, Inc., L. Clayton Lacy, and
Frank Bedrick with each party to bear its own costs and counsel
fees. In
the event that plaintiff re-files any claim or action arising out
of the use of Pondimin or Redux, such plaintiff shall re-file such
claim or action in federal court only, and shall name no new
defendants. This stipulation is filed on
behalf of all listed plaintiffs. | | 10/26/04 | 4060 | Re: Angela Martin v.
Wyeth (03-20329)
AND NOW, this 26th day of October, 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 Martin, Mattie Harris, Courtney McCay, Dorothy
Anderson, Myrtis Barnes, Mary Booker, Elizabeth Woods and Sandra
McCoy 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 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. | | 10/26/04 | 4061 | Re: Janice McCrory v. Wyeth
(03-20625)
AND NOW, this 26th day of October, 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 Alford, Amy Brister, Janie Brown, Tracye Jasper,
Cellie Johnson, Debbie Lopez Lormendez, Betty Mingo and Donald
Moore 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 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. | | 10/26/04 | 4062 | Re: Claudia Edwards v. Wyeth
(03-20362)
AND NOW, this 26th day of October, 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 Mamie Creswell and Kimberly Dukes 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 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. | | 10/26/04 | 4063 | Re: Caron R. Arsenbert v. Wyeth
(04-20998)
AND NOW, this 26th day of October, 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
Andrea L. Dillard are hereby dismissed without prejudice as to
defendants Wyeth and Harriette O=
Connor, M.D, with each party to bear
its own costs and counsel fees.
Notwithstanding the foregoing, this Order shall not affect any
right to which Plaintiff may be entitled pursuant to the Nationwide
Class Action Settlement Agreement with Wyeth. In
the event that Plaintiff re-files any claim or action arising out
of this use of Pondimin or Rdux, Plaintiff shall re-file such claim
or action in federal court only, and plaintiff shall name no new
defendants. This stipulation is filed on
behalf of plaintiff Andrea L. Dillard and all Defendants who have
appeared in the above-captioned matter, those being Wyeth and
Harriette O=Connor,
M.D. | | 10/26/04 | 4064 | Re: Kathleen Papenfuss (Debra Rumsey ) v. Wyeth
(04-24057)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Debra Rumsey
are hereby dismissed with prejudice as to all named defendants,
with each party to bear its own costs and counsel
fees. This stipulation
complies with Federal Rule of Civil Procedure 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. | | 10/26/04 | 4065 | Re: Mary L. Aina (Margaret Brown ) v. Wyeth
(04-24506)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Margaret Brown
are hereby dismissed with prejudice as to all named defendants,
with each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Margaret A. Brown
may be entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4066 | Re: Kathleen Papenfuss (Jerry Rowe ) v. Wyeth
(04-24057)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Jerry Rowe are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Jerry Rowe may be
entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4067 | Re: Kathleen Papenfuss (Megan J. Payne) v.
Wyeth 04-24057
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Megan J. Payne
are hereby dismissed with prejudice as to all named defendants,
with each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Megan J. Payne may
be entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4068 | Re: Patti Dover (Rilla J. James) v. Wyeth
(04-24061)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Rilla J. James
are hereby dismissed with prejudice as to all named defendants,
with each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Rilla J. James may
be entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4069 | Re: Carma Allen
(Nina Dillon) v. Wyeth (04-24059)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Nina Dillon are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Nina Dillon may be
entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4070 | Re: Lois Bitner v. Wyeth
(04-20750)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Lois Bitner are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Lois Bitner may be
entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4071 | Re: Patti Dover (Terry
K. Jensen) v. Wyeth (04-24061)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Terry K. Jensen
are hereby dismissed with prejudice as to all named defendants,
with each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Terry K. Jensen may
be entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4072 | Re: Elsie D. Jamison v. Wyeth
(03-20317)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Elsie D.
Jamison are hereby dismissed with prejudice as to all named
defendants, with each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Elsie D. Jamison may
be entitled pursuant to the National Settlement
Agreement. 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. |
|
| 10/26/04 | 4073 | Re: Gionger Millsaps v. Wyeth
(04-22914)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Rusty May are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Rusty May may
be entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4074 | Re: Dorothy House v. Wyeth
(04-20247)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a), that the claims of Juanita Downs are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this order
shall not affect any rights to which Plaintiff Juanita Downs may be
entitled pursuant to the National Settlement
Agreement. 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. | | 10/26/04 | 4075 | Re: Susan D. Diedrick v. Wyeth
(04-22981)
THIS MATTER comes before the court on the stipulated joint motion
of plaintiff Susan D. Diedrick and the Defendants to dismiss the
claims of plaintiff without prejudice as against Defendants.
Plaintiff=s
claims are subject to I.46, I.53 and VII.B.4 of the Nationwide
Class Action Settlement Agreement. The Plaintiff=
s claims in this case are for injuries
and damages arising from PPH, allegedly caused by ingestion of diet
pills manufactured and distributed by the Defendant.
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the complaint in the
above-captioned case is hereby dismissed without prejudice as to
all named defendants with each party to bear its own costs and
counsel fees. This stipulation is filed on
behalf of plaintiff and all defendants who have entered an
appearance in the above-captioned matter. | | 10/26/04 | 4076 | Re: Terresa Perez v. Wyeth
(04-22950)
THIS MATTER comes before the court on the stipulated joint motion
of plaintiff Terresa Perez and the Defendants to dismiss the claims
of plaintiff without prejudice as against Defendants.
Plaintiff=s
claims are subject to I.46, I.53 and VII.B.4 of the Nationwide
Class Action Settlement Agreement. The Plaintiff=
s claims in this case are for injuries
and damages arising from PPH, allegedly caused by ingestion of diet
pills manufactured and distributed by the Defendant.
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the complaint in the
above-captioned case is hereby dismissed without prejudice as to
all named defendants with each party to bear its own costs and
counsel fees. This stipulation is filed on
behalf of plaintiff and all defendants who have entered an
appearance in the above-captioned matter. | | 10/26/04 | 4077 | Re: Brad Asher v.
Wyeth (04-22984)
THIS MATTER comes before the court on the stipulated joint motion
of Plaintiff Brad Asher and the Defendants to dismiss the claims of
plaintiff without prejudice as against Defendants.
Plaintiff=s
claims are subject to I.46, I.53 and VII.B.4 of the Nationwide
Class Action Settlement Agreement. The Plaintiff=
s claims in this case are for injuries
and damages arising from PPH, allegedly caused by ingestion of diet
pills manufactured and distributed by the Defendant.
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the complaint in the
above-captioned case is hereby dismissed without prejudice as to
all named defendants with each party to bear its own costs and
counsel fees. This stipulation is filed on
behalf of plaintiff and all defendants who have entered an
appearance in the above-captioned matter. | | 10/26/04 | 4078 | Re: Faye and Davey Shingleton v. Wyeth
(04-26843)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Faye and Davey
Shingleton are 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 elects to re-file a claim arising out of
plaintiffs use of Pondimin and Redux, plaintiff agrees to file, and
shall only file, an individual claim in the state in which
plaintiff resides and agrees to name, and shall name, no other
party but Wyeth. This stipulation is filed
on behalf of plaintiffs and defendant Wyeth. | | 10/26/04 | 4079 | Re: Robert R. Coats v. Wyeth
(04-23838)
AND NOW, this 26th day of October, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a), that the claims of Robert R. Coats are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel
fees. This Stipulation disposes of the claims of
the only plaintiff in the above listed action as against all named
Defendants. This stipulation complies with
Federal Rule of Civil Procedure 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. | | 10/26/04 | 4080 | Re: Vurlee Brown
v. Wyeth (04-20765)
AND NOW, this 26th day of October, 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
Sandra Leah Sandel are hereby dismissed without prejudice as to
defendants Wyeth and James Weinblatt, M.D. with each party to bear
its own costs and counsel fees.
Notwithstanding the foregoing, this Order shall not affect any
right to which Plaintiff may be entitled pursuant to the Nationwide
Class Action Settlement Agreement with Wyeth. In
the event that Plaintiff re-files any claim or action arising out
of this use of Pondimin or Rdux, Plaintiff shall re-file such claim
or action in federal court only, and plaintiff shall name no new
defendants. This stipulation is filed on
behalf of plaintiff Sandra Leah Sadel and all Defendants who have
appeared in the above-captioned matter, those being Wyeth and James
Weinblatt, M.D. | | 11/01/04 | 4081 | Re: Sheila Brown v. AHP
(99-20593) IT
IS STIPULATED AND AGREED between Janice D. Bates and the AHP
Settlement trust that the Trust shall have an extension of time up
to and including November 3, 2004 to respond to Janice Bates=
Motion to Submit and receive an
echocardiogram under the Screening Program and Notice of Filing
Affidavit in lieu of Medical
Documentation. This is the first
such stipulation for extension of time and does not exceed thirty
days. | | 11/01/04 | 4082 | Re: Nicholas Swan v. Wyeth
(04-20738)
AND NOW, this 1st day of November, 2004, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims in the
above-captioned case are to be dismissed with prejudice and on the
merits, with each party to bear its own costs and counsel
fees. This Stipulation is filed on behalf
of Plaintiff and Defendant Wyeth, the only named defendant in this
action. | | 11/01/04 | 4083 | Re: Ursula Asher v. Wyeth
(04-20100)
Plaintiff Margaret A. Harlson 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
Margaret A. Haralson and Defendants stipulate to the dismissal with
prejudice of Plaintiff=
s claims as to all
Defendants. Notwithstanding the
foregoing, this Stipulation shall not affect any right to which
plaintiff may be entitled pursuant to the Nationwide Class Action
Settlement Agreement with Wyeth. A proposed order is attached
for the Court. | | 11/01/04 | 4084 | Re: Ursula Asher v. Wyeth
(04-20100)
COME NO Rebecca johnson-Booker, LaDonna K. Mangile, Charlotte J.
Arnold, Maria E. Barr, Jacquelyn J. Davis, Judy D. Doeden, Joyce
Foley, Charity Graham, Kay M. Hensley, Kristi A. Jones, Vicki C.
Joplin, Marie E. Kempker, Debra S. Palmer, Betty Lou Powell, Jill
A. Richerson, Elizabeth A. Samples, Donna M. Van Otterloo, Gail L.
Wallace, Doris L. West, Betty L. Willis, Margaret L. Willis, James
H. Winters, Janet Blizzard, Donna M. Brown, Nellie Crane, Joan L.
Dambach, Judith A. Driskill-Brunstein, Janet C. Griffin, Lois A.
Helfrich, Ruthie M. Hereford, Antoinette M. jamison, Sinclair H.
Largin, Jean Marie Pica, Laurel Reutter, Louise K. Sklar, Ann
Skoog, Linda V. Stanley, David D. Von Kleinow, and Delores Wallace,
plaintiffs in the above-referenced case, and advise the court that
they wish to dismiss their claims and cause 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, plaintiffs
and defendants stipulate to the dismissal with prejudice of
plaintiffs=
claims as to all
defendants. Notwithstanding the
foregoing, this Order shall not affect any right to which
plaintiffs may be entitled pursuant to the National Class Action
Settlement Agreement with Wyeth. | | 11/01/04 | 4085 | Re: Maria L. Alexander v. Wyeth
04-26750)
Plaintiff Terry Schubert advises the Court that he wishes to
dismiss his claims and causes of action as to defendant Wyeth in
this case, without prejudice. Pursuant to Rule 41(a)(1)(ii)
of the Federal Rules of Civil Procedure, plaintiff Terry Schubert
and Defendant Wyeth stipulate to the dismissal without prejudice of
plaintiff Terry Schubert=
s claims as to Defendant
Wyeth. This stipulation relates to
the claims brought by Plaintiff Terry Schubert only and in no way
affects those claims of the remaining plaintiffs currently before
the Court. | | 11/01/04 | 4086 | Re: Larry Russell v. Wyeth
(04-20095)
COME NOW Rebecca S. Eaton, Rick Erickson, Doris J. Freeman, Martin
Gimness, Ellen G. Goodman, Linda L. Halverson, Linda R. Hatch,
Beverly A. Kight, Kenneth A. Krumm, Debra L. Laukeman, Lois E.
Maddox, Jody L. Magee, Rozetta P. McClay, Beverly J. Miles, Deborah
A. Moore, Dennis R. Powell, Krystal ryan, Bonnie L. Sackrider,
Paula J. Sevey, Tamara R. Shannon, Robin D. Stanley, Olga Stockle,
Elizabeth E. Twedt, Gayle S. Volk, Carol A. Wahl, Evelyn R.
Workman, Barbara S. Ballinger, Dick O. Bell, Carolyn J. Bower,
Judith Cline, Rose Marie Cutler, James C. Fudge, Judith A. Hart,
Danna K. Johnson, Paul Johnson, Toni A. McClendon, Teresa Mercer,
Arvella S. robinson, Thomas J. Simicich, Diane M. Straughn,
Charliene Wackerbarth, and Mary M. Woodard, Plaintiffs in the
above-referenced case, and advise the Court that they wish to
dismiss their 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, plaintiffs and Defendants
stipulate to the dismissal with prejudice of plaintiffs=
claims as to all
defendants. Notwithstanding the
foregoing, this order shall not affect any right to which
plaintiffs may be entitled pursuant to the National Class Action
Settlement Agreement with Wyeth. | | 11/01/04 | 4087 | Re: Larry Russell v. Wyeth
(04-20095)
Plaintiff Lynda K. Davis advises the Court that he wishes to
dismiss his claims and causes of action as to defendant Wyeth in
this case, with prejudice. Pursuant to Rule 41(a)(1)(ii) of
the Federal Rules of Civil Procedure, plaintiff Lynda K. Davis and
Defendant Wyeth stipulate to the dismissal without prejudice of
plaintiff Lynda K. Davis claims as to Defendant
Wyeth. This stipulation relates to the
claims of Lynda K. Davis only and in no way affects those claims of
the remaining plaintiffs currently before the court.
Notwithstanding the foregoing, this stipulation shall not affect
any right to which plaintiff Lynda K. Davis may be entitled
pursuant to the National Class Action Settlement Agreement with
Wyeth. A proposed order is attached for the Court. | | 11/01/04 | 4088 | Re: Wanda T. Kizer v. Wyeth
(04-23745)
AND NOW, this 1st day of November, 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 Marie B. Conlee in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel
fees. This stipulation complies with Rule
41(a) of the Federal rules of Civil Procedure. All parties in
this action who have entered an appearance have executed this
dismissal through the undersigned counsel of record. | | 11/01/04 | 4089 | Re: Barbara Baker v. Wyeth
(04-20406) Pursuant to Rule 41
of the Federal Rules of Civil Procedure, and this Stipulation, the
parties agree that any and all claims of plaintiff Barbara Baker
shall be dismissed with prejudice, each party to bear its own costs
and fees. | | 11/01/04 | 4090 | Re: Wanda Lee and Albert Leon Dunn v. Wyeth
(03-20565)
NOW, on this 1st day of November, 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 without prejudice as to all named defendants, with all
parties to bear their own costs and counsel
fees. In the event that Plaintiff re-file
any claim or action arising out of the use of Pondimin or Redux,
Plaintiffs shall name no new defendants, nor assert new claims, and
plaintiffs may refile this case only in Federal Court. | | 11/01/04 | 4091 | Re: Sheila Brown v. AHP
(99-20593) It
is hereby STIPULATED and AGREED by and between Carrie Taylor and
Defendant Wyeth, through their respective undersigned counsel, that
Wyeth shall have an extension of time up to and including November
3, 2004 to respond to Carrie Taylor=
s Motion to Appear Instanter and
Accept Late Settlement Registration.
This extension is for a period of less than 30 days. No prior
extension has been requested or given in this mater. | | 11/01/04 | 4092 | Re: Gewndolyn Hart v. AHP
(02-20141)
AND NOW, this 1st day of November, 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 Pretrial Order No. 3370;
3. The Clerk of Court shall assign a separate Civil Action
Number, with shall be related to Civil Action Number 02-20141, 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. | | 11/01/04 | 4093 | Re: Melissa Graham v.
Wyeth (03-20160)
AND NOW, this 1st day of November, 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 Pretrial Order No. 3370;
3. The Clerk of Court shall assign a separate Civil Action
Number, with shall be related to Civil Action Number 02-20141, 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. | | 11/01/04 | 4094 | Re: Holli McCarra v. Wyeth
(03-20161)
AND NOW, this 1st day of November, 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 Pretrial Order No. 3370;
3. The Clerk of Court shall assign a separate Civil Action
Number, with shall be related to Civil Action Number 02-20141, 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. | | 11/01/04 | 4095 | Re: Ashey Irwin v. Wyeth
(03-20428)
AND NOW, this 1st day of November, 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 Pretrial Order No. 3370;
3. The Clerk of Court shall assign a separate Civil Action
Number, with shall be related to Civil Action Number 02-20141, 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. | | 11/01/04 | 4096 | Re: Kimberly Alawine v. Wyeth
(03-20764)
AND NOW, this 1st day of November, 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 Pretrial Order No. 3370;
3. The Clerk of Court shall assign a separate Civil Action
Number, with shall be related to Civil Action Number 02-20141, 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. | | 11/01/04 | 4097 | Re: Jean Kimmerle
v. Wyeth (03-20814)
AND NOW, this 1st day of November, 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 Pretrial Order No. 3370;
3. The Clerk of Court shall assign a separate Civil Action
Number, with shall be related to Civil Action Number 02-20141, 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. |
|
|
|
| 11/01/04 | 4098 | Re: Gladys
Williamson v. AHP (04-20197)
AND NOW, this 1st day of November, 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 Pretrial Order No. 3370;
3. The Clerk of Court shall assign a separate Civil Action
Number, with shall be related to Civil Action Number 02-20141, 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. | | 11/01/04 | 4099 | Re: Sheila Brown v.
AHP (99-20593) claimants: Joy L. Banks, Donna Glach, Michelle
Gregory, Betty Reynolds, rosalind Robinson, Alice Schoenfeld &
Elizabeth Springer
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 (A
Applications@), 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 Pretrial Order 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 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 the se 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. | | 11/01/04 | 4100 | Re: Sheila Brown v.
AHP (99-20593) claimants: Jean Bailey, John Bowders, Nancylee
Dorff, Donna Foust, Robert Greene, Letitia Loren, Elouise Maxey,
linda Ruocco, Judy Simek & David
Singer
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 (A
Applications@), 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 Pretrial Order 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 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 the se 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. | | 11/02/04 | 4101 | Re: Bernard Benzel
v. Wyeth (04-05006)
AND NOW, this 2nd day of November, 2004, it is hereby
ORDERED that the unopposed motion of plaintiff Bernard Benzel for
leave to file and amended complaint is GRANTED. | | 11/02/04 | 4102 | Re: Ralph Kassing
v. Wyeth (04-03126)
AND NOW, this 2nd day of November, 2004, it is hereby
ORDERED that the unopposed motion of plaintiffs Ralph Kassing,
Kelly Schwisow, Dena Trauernict, Terri Robinson, Pam Rademaker, and
Kimberly Baldwin for leave to file an amended complaint is
GRANTED. | | 11/02/04 | 4103 | Re: Dave Signor v.
Wyeth (04-03127)
AND NOW, this 2nd day of November, 2004, it is hereby
ORDERED that the unopposed motion of plaintiffs Dave Signor, Ellen
Keys, Connie Bridgewater, Arlene Rempel, Vickey Ihnde-Gray and
Lucinda Seidl for leave to file an amended complaint is
GRANTED. |
|
| 11/10/04 |
4134 |
Re: Linda D. Adams (04-20958), Sue L. Adams (04-20999), Marie V. Atchley (04-21066), Sylvia Suzanne Baba (04-21029), Michelle Baena (04-20975), Kathy A. Baker (04-21113), Kristina Baker (04-21031), Audy Barclay (04-21411), Linda Barnes (04-21369), Adrian Beaver (04-21365), Dee Janet Bell (04-21394), Barbara j. Bendick (04-21367), Susan Berry (04-21208), Mary Anne Boehm (04-21366), Joan Brant (04-21044), Debra Branum (04-21393), Angela Brill (04-21395), Loretta Brown (04-20997), Pat Randy Bullard (04-21396), Rebecca L. Burrel (04-21126), Rebecca (Tolbert) canales (04-20935), Terry A. Carroll (04-20936), Floyd Carter (04-20962), David N. Clevenger (04-20934), Rhonda Cline (04-21109), William D. Cockrell (04-21124), Deborah Y. Cohn (04-21363), Richard Crimson (04-21116), Alice Dacus (04-10842), Angela Debusk (04-20976), 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 (04-21108), Donald G. Franks (04-21342), Armadine Garcia (04-21072), Roe Ann Glaspie (04-21046), Edmung Gomez (04-21038), Herman R. Graham (04-21110), Joan Grayson (04-20951), Barbara Hatch (04-21054), Frances Hicks (04-21052), 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 (04-21404), Tanya Lengefeld (04-21442), Bette Jancie 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
AND NOW, this 10th day of November, 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, Wyeth Pharmaceuticals, and A.H. robins Company, Inc., are DISMISSED. |
| 11/10/04 |
4135 |
Re: Sheila Brown v. American Home Products (claimant Brenda Addison, Patricia Carter, Debra Ericksen, Mary Freement, Patricia Garrison, Elissa Green, Sheila Hannon, Lorrene Hatch, Shirley Hobbs, Rhonda Leaf, Nancy Lowe, Diane Owens, Lisa Paxton, Jamie Schlecht, Rebecca Thompson)
The Court has received the Application for Issuance of an Order to show Cause (AApplication@) filed by the AHP Settlement Trust (ATrust@) regarding the claim of Marilyn Hoffman (AClaimant@), and the Trust=s certification that its Application was served upon the Claimant. 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 Claimant must show cause why the relief requested by the Trust should not be granted.
It is further ORDERED that this matter is referred to the Special Master for further proceedings. The Court directs that, within fourteen (14) days of the date of this Order, the Trust shall serve upon the Special Master documentation to support its Application, including: (1) a detailed Statement of the Case, as described in Section VI.C. of the Audit Procedures; (2) the Attestation Form completed by the Auditing Cardiologist; (3) the Auditing Cardiologist=s Worksheet(s); (4) any and all other materials submitted to and/or completed by the Auditing Cardiologist; and (5) the Audit File.
Pursuant to Section VI.E. of the Audit Procedures, Claimant may submit a Response to the Special Master within twenty-one (21) days after service of the trust=s Supporting documentation . If Claimant fails to file a Response, or if the Claimant requests the Special Master to proceed without a Response, the Special Master shall proceed in accordance with the Audit Procedures. |
| 11/12/04 |
4136 |
Re: Nettie J. Millican v. AHP (99-20593)
IT IS HEREBY ORDERED that the plaintiff=s Motion for Extension of Time to File Green Form is hereby GRANTED, and that the plaintiff is granted an additional fourteen (14) days, until November 23, 2004, to file a green form in this matter. |
| 11/15/04 |
4137 |
Re: All Actions
AND NOW, TO WIT, this 15th day of November, 2004, upon consideration of the Seventy-Ninth Application by Special Discovery Master for Interim Compensation and Reimbursement of Expenses (10/01/04 through 10/31/04), 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 $102,452.91 for the period from 10/01/04 through 10/31/04, in accordance with the procedure established by the Court. |
| 11/15/04 |
4138 |
Re: All Actions
AND NOW, TO WIT, this 15th day of November, 2004, upon consideration of the Forty-Seventh Application by Special Master to the AHP Settlement Trust for Interim Compensation and Reimbursement of Expenses (10/01/04 through 10/31/04), 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 $118,511.69 for the period from 10/01/04 through 10/31/04, in accordance with the procedure established by the Court. |
| 11/15/04 |
4139 |
Re: All Actions
AND NOW, TO WIT, this 15th day of November, 2004, upon consideration of the Fifty-Third Application by Escrow Agent for Interim Compensation and Reimbursement of Expenses (10/01/04 through 10/31/04), 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 $4,128.94 for the period from (10/01/04 through 10/31/04), in accordance with the procedure established by the Court. |
| 11/15/04 |
4140 |
Re: All Actions
AND NOW, TO WIT, this 15th day of November, 2004, upon consideration of the Thirty-First Application by Special Master for Interim Compensation and Reimbursement of Expenses Relating to Pretrial Order No. 2383 (10/01/04 through 10/31/04), 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 $33,818.61 for the period from 10/01/04 through 10/31/04, in accordance with the procedure established by the Court. |
| 11/15/04 |
4141 |
Re: Kimberly I. Montgomery v. Wyeth (04-22930)
AND NOW, this 15th day of November, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. The motion of Wyeth to dismiss Leroy Peacock as fraudulently joined is GRANTED; and
2. Plaintiff=s notice of withdrawal of her motion for remand is moot. |
| 11/17/04 |
4142 |
Re: Sheila Brown v. AHP (99-20593) claimants: Albert Capilla, Dianne Carter, Cherie Davis, Sydney Davis, Terry Eaton, Roberta Ebbert, Caroline Farinella, Joy Harmon, Diane Johnson, Sammy Kelley, Susan Robertson, Eileen Sheets, Judith L. Watts, Grady Weiszbrod and Sandra Wollschlager
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 Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in Pretrial Order 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 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 the se 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. |
| 11/17/04 |
4143 |
Re: Scott Rubin v. AHP (03-20370)
AND NOW, this 17th day of November, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. The motion of plaintiff Scott Rubin for oral argument on its objection to conditional transfer order and request for remand to the USDC for the Southern District of Florida (Doc. 3) is DENIED;
2. The motion of plaintiff to remand to the Circuit Court of Broward County, Florida (Doc. 6) is DENIED; and
3. All defendants in the above-captioned action except Wyeth Pharmaceuticals, A.H. Robins Company, Inc., Wyeth-Ayerst, Wyeth-Ayerst Laboratories, and Interneuron Pharmaceuticals, Inc. are DISMISSED. |
| 11/18/04 |
4144 |
Re: Carolyn Brewer v. Wyeth (03-20279)
AND NOW, on this 18th day of November, 2004, it is hereby ORDERED that the unopposed motion of plaintiffs for extension of time is GRANTED. |
| 11/18/04 |
4145 |
Re: Patricia Jones (03-20339), Bobbie Scruggs (03-20342) and Linda Taylor (03-20340) v. Wyeth
AND NOW, on this 18th day of November, 2004, it is hereby ORDERED that the motion for additional time to respond to Wyeth=s motion to limit testimony of plaintiffs= experts is GRANTED. |
| 11/17/04 |
4146 |
Re: Laura Deberard v. Zenith Goldline (04-20786)
AND NOW, this 17th day of November, 2004, it is hereby ORDERED that the motion of plaintiffs for reconsideration of PTO 4032 is DENIED. |
|
| 11/18/04 |
4147 |
Re: Wanda Robinson v. Wyeth (04-23752)
AND NOW, this 18th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned care are to be dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant in this action.
|
| 11/18/04 |
4148 |
Re: Charlene Thomas v. AHP (03-20140)
IT IS on this 18th day of November, 2004, STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint filed herein in the above-captioned action is hereby dismissed with prejudice, with each party to bear its own costs and counsel fees.
Dismissal of this action does not extinguish or otherwise adversely affect any rights Plaintiffs may have to pursue all remedies available to them as members of a class action against Wyeth f/k/a AHP, in the EDPA, in re: Diet Drugs Products Liability Litigation. |
| 11/18/04 |
4149 |
Re: Mitzi M. Wilson v. AHP (03-20280)
AND NOW, this 18th day of November, 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 Todd Wilson are to be dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4150 |
Re: Constance Kight v. Wyeth (03-20201)
AND NOW, this 18th day of November, 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 Bertha L. Fleming in the above-captioned case are hereby dismissed with prejudice as to all named defendant, with each party to bear its own costs and counsel fees. This dismissal shall not affect any of the rights that plaintiff Bertha L. Fleming may have under the Accelerated Implementation Option of the Nationwide Class Action Settlement 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. |
| 11/18/04 |
4151 |
Re: J. Rankin v. Wyeth (03-20200)
AND NOW, this 18th day of November, 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 Barbara Tenner are to be dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4152 |
Re: Betty Carol Bentley v. Wyeth (03-20187)
AND NOW, this 18th day of November, 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 Amanda Braldey are to be dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4153 |
Re: Karen Smith v. Wyeth (03-20345)
AND NOW, this 18th day of November, 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 Karen 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. Further, it is hereby stipulated that plaintiff Karen Smith retains the right to seek whatever benefits to which she believes she may be entitled under the Nationwide Class Action settlement Agreement with AHP (now known as Wyeth).
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4154 |
Re: Marjorie Barnes v. Wyeth (04-26174)
AND NOW, this 18th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a), that the claims of plaintiff Marjorie Barnes 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. Further, that nothing in this order shall preclude plaintiff from pursing any claims she may be entitled through the Nationwide Class Action settlement Agreement pursuant to her prior election of the accelerated Implementation Option.
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4155 |
Re: Sharon Cioffi v. Wyeth (04-26709)
AND NOW, this 18th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a), that the claims of plaintiff Sharon Cioffi 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. Further, that nothing in this order shall preclude plaintiff from pursing any claims she may be entitled through the Nationwide Class Action settlement Agreement pursuant to her prior election of the accelerated Implementation Option.
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4156 |
Re: Paula Hochberg v. Wyeth (04-21506)
AND NOW, this 18th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant in this action. |
| 11/18/04 |
4157 |
Re: Angela Barnett v. Wyeth (04-23763)
AND NOW, this 18th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant in this action. |
| 11/18/04 |
4158 |
Re: Fred Moser v. AHP (02-20250)
COME NOW, Plaintiff Fred Moser, Individually, and all Defendants, by and through counsel of record, and hereby submit this Stipulation of Dismissal with Prejudice pursuant to the provisions of Fed.R.Civ.P.41(a)(1) and Fed.R.Civ.P.41(a)(2). The parties request that all claims and this lawsuit be dismissed with prejudice.
Each party shall bear their own respective costs and attorneys= fees incurred in this action. |
| 11/18/04 |
4159 |
Re: Angela C. Ratcliff v. Wyeth (04-21703)
AND NOW, this 18th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a), that the claims of plaintiff Angela C. Ratcliff 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. Further, that nothing in this order shall preclude plaintiff from pursing any claims she may be entitled through the Nationwide Class Action settlement Agreement pursuant to her prior election of the accelerated Implementation Option.
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4160 |
Re: Mitzi M. Wilson v. AHP (03-20280)
AND NOW, this 18th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a), that the claims of plaintiffs Alvin Chaney and Rex B. Sullivan in the above captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4161 |
Re: Antonio Cooper v. AHP (03-20237)
AND NOW, this 18th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a), that the claims of plaintiff Rosa James in the above captioned case are hereby dismissed with prejudice as to all named defendants, with each party to bear its own costs and counsel fees.
This stipulation complies with Rule 41(a) of the Federal Rules of Civil Procedure. All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/18/04 |
4162 |
Re: Sheila Brown v. AHP (99-20593)
IT IS STIPULATED AND AGREED between Patricia Gail Shelton and the AHP Settlement Trust (the ATrust@), through their respective and undersigned counsel, that the trust shall have an extension of time up to and including December 6, 2004, to respond to Patricia Gail Shelton=s Motion to Confirm Status as Opt-In.
This is the first such stipulation for extension of time, and does not exceed thirty days. |
| 11/19/04 |
4163 |
Re: All Actions FILED UNDER SEAL |
| 11/19/04 |
4164 |
Re: Angel D. Turner v. Wyeth (04-20180)
AND NOW, this 19th day of November, 2004, it is hereby ORDERED that the unopposed motion of defendant Adrian K. Goss, M.D., to dismiss the complaint as to him on the ground that he is fraudulently joined is GRANTED. See Memorandum and Pretrial Order No. 3666 in Accadia v. Wyeth. |
| 11/23/04 |
4165 |
Re: Glenda Hyder v. Wyeth (04-20144)
AND NOW, this 23rd day of November, 2004, because Civil Action No. 04-20144 is duplicative of Civil Action No. 04-20140, it is hereby ORDERED that Civil Action No. 04-20144 is DISMISSED. |
| 11/24/04 |
4166 |
Re: Sheila Brown v. AHP (99-20593)
Whereas, the firms of Napoli, Kaiser, Bern & Associates, LLP; Hariton & D=Angelo, LLP; and Langer & Grogan, PC have filed a Motion under Rule 60(b)(4) for relief from Judgment; and
Whereas, Wyeth has advised the Court that it will shortly be filing a motion to stay the Napoli/Hariton Motion;
Now, therefore, the time within which responses are due to the Napoli/Hariton Motion is hereby extended until after this Court decides Wyeth=s stay motion. If the Court grants that stay motion, the Court will, at a later date, establish a briefing schedule on the Napoli/Hariton Motion. If the Court denies that stay motion, the date on which responses shall be due to the Napoli/Hariton Motion shall be thirty (30) days after the entry of the order denying that stay motion. |
| 11/24/04 |
4167 |
Re: Marie Absher (04-20678), Jenny Adamson (04-20609), Deborah D. Anderson (04-20599), Delana Andrews (04-20568), Helen Sue Archie (04-20559), Sharon D. Black (04-20578), Sandra Bridewell (04-20547), Terri B. Burdick (04-20533), Bridgette J. Buskey (04-20600), Sheryl L. Clark-Simon (04-20566), Judy L. Chiles (04-20570), Arline M. Close (04-20534), Jo Anne Dockins (04-20601), Linda L. Gunter (04-20535), Linda Harris Mills (04-20584), Carolyn Sue Harris-Underwood (04-20546), Bertha House (04-20560), Marie Houseley (04-20491), Leland J. Housley (04-20598), Paula K. Hundley (04-20567), Betty A. Hutchinson (04-20539), Frances D. Irwin (04-20762), Terry V. Ivie (04-20583), Beverly Jackson (04-20544), Catherine Johnson (04-20542), Irma R. Laudon (04-20493), Janies Leffel (04-20490), Kathleen Lindley (04-20565), Norma Loving (04-20595), Janet Elaine Meier (04-20538), Annette Moorehead (04-20561), Maria Guadalupe Morgan (04-20532), Jewel E. Mustafaa (04-20459), Iris R. Netters (04-20757), James H. O=Rear (04-20589), Sherian Palmer (04-20487), Joe Payne (04-20580), Calvin Piggie (04-20545), Maria Isabel Prado (04-20579), Mary Stella Ramirez (04-20558), Jan Rasco (04-20671), Beatrice M. Reyes (04-20528), Mary Nell Rieke (04-20605), Michelle L. Rodriguez (04-20590), Gail Rosmon (04-20484), Doris Ross (04-20569), Raquel A. Sauseda (04-20450), Roberta H. Stifuentes (04-20758), Fern Swanson (04-20581), Mona Taff (04-20582), Delfinia Villa (04-20761), Lana Wallace-Bleigh (04-20531), Faye Warren (04-20587) & Vanessa Willis (04-20564) v. Wyeth
AND NOW, this 24th day of November, 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, Wyeth Pharmaceuticals, and A.H. robins Company, Inc. are DISMISSED. |
| 11/30/04 |
4168 |
Re: Sheila Brown v. AHP (99-20593) claimant: Estate of Jurronda Lee
The Court has considered the Petition for Approval of Payment of Fees and Costs by claimant=s attorney Glenn A. Dorman and by Memorandum and Pretrial Order No. 4035, dated October 9, 2004, has deteremined that Mr. Dorfman=s contracted gross fee of 33.3% is approved from which the 9% Common Benefit Attorney Fee is subtracted leaving a net fee of 24.3% of the claimant=s award ($109,112.00) after deduction of aid costs... Therefor, this Court now approves payment of $108,565.00 x 24.3% = $26,381.29 and the AHP Settlement Trust is hereby ordered to tender such payments to Mr. Dorfman forthwith. |
| 11/30/04 |
4169 |
Re: Sheila Brown v. AHP (99-20593)
It is hereby STIPULATED and AGREED between Wyeth and counsel for Marilyn Angood that Wyeth shall have an extension of time up to and including December 7, 2004, to respond to the Motion to File Substituted Seventh Amendment Opt-Out Form.
This extension is for a period of less than thirty days. No prior extension has been requested or given in this matter. |
| 11/30/04 |
4170 |
Re: Sheila Brown v. AHP (99-20593) claimants: Carie Barker, Mathew Copeland, Ruth Craven, Meridene Hanks, Beverly Jones, Jerry Johnson, Paula Ledwith, Steve Melton, Karen Nash, Frances Ramsey, Verna Rex aka Verna M. Marshison & Carolyn Rodgers
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 Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in Pretrial Order 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 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 the se 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. |
| 11/30/04 |
4171 |
Re: Rena Mitchell v. Wyeth (04-26211)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claim of Plaintiff Rena Mitchell is hereby dismissed without prejudice as to Defendants Wyeth, Conner Thomas Wade and James Michael Jones, with each party to bear its own costs and counsel fees.
Notwithstanding the foregoing, this Order shall not affect any right to which Plaintiff may be entitled pursuant to the Nationwide Class Action Settlement Agreement with Wyeth.
In the event that Plaintiff re-file any claim or action arising out of the use of Pondimin or Redux, Plaintiffs shall re-file such claim or action in federal court only, and Plaintiff shall name no new defendants.
This Stipulation is filed on behalf of Plaintiff Rena Mitchell and all Defendants who have appeared in the above-captioned matter those being Wyeth, and Conner Thomas Wade. |
| 11/30/04 |
4172 |
Re: Patti G. Aiken (Joella Byers) v. Wyeth (04-21542)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)9ii), that the claims of Joella Byers 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. Notwithstanding the foregoing, this Order shall not affect any rights to which Plaintiff Joella Byers may be entitled pursuant to the National Settlement Agreement.
This stipulation complies with Federal Rule of Civil Procedure Ruel 41(a)(1)(ii), All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/30/04 |
4173 |
Re: Joyce L. Ornealas v. Wyeth (03-20508)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)91)(ii), that the claims of Plaintiff Joyce L. Ornelas in the above-captioned case are hereby dismissed without prejudice as to Defendant Bruce Addison, M.D., with each party to bear its own costs.
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 parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 11/30/04 |
4174 |
Re: Denise Day v. Wyeth (04-21398)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees.
This stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant in this action. |
| 11/30/04 |
4175 |
Re: Grace Grundman v. Wyeth (04-23768)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant in this action. |
| 11/30/04 |
4176 |
Re: Patricia Roosha v. Wyeth (04-21914)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant in this action. |
| 11/30/04 |
4177 |
Re: Charlotte Simpson v. Wyeth (04-21547)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant in this action. |
| 11/30/04 |
4178 |
Re: Robin Williams V. Wyeth (04-21500)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed with prejudice and on the merits, with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of Plaintiff and Defendant Wyeth, the only named defendant in this action. |
| 11/30/04 |
4179 |
Re: Bonnie Day and William Sullivan v. Wyeth (04-20146)
AND NOW, this 30th day of November, 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.
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, 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 Plaintiffs Bonnie Day and William Sullivan on behalf of Defendant, Wyeth. |
| 11/30/04 |
4180 |
Re: Sheila Brown v. AHP (99-20593)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED and AGREED that the time within which Class Counsel and any member of the class may respond to the AHP Settlement Trust=s Motion for Approval of Revised Audit Rules and Enhanced Auditor Training (Athe Motion@) shall be executed to Wednesday, December 15, 2004.
This Stipulation is without prejudice to the right of the Trust to Argue that nay given Class Member or Group of Class Members lack standing to object to the right of the Trust=s Motion. For each Class Member who objects to the Trust=s Motion, Class Counsel shall promptly inform the Trust as to whether or not that Class Member has opted-out of the Seventh Amendment. |
| 11/30/04 |
4181 |
Re: Lanell Long (Patricia D. Royal) v. Wyeth (04-23953)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of Patricia D. Royal 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. Notwithstanding the foregoing, this Order shall not affect any rights to which Plaintiff Patricia D. Royal may be entitled pursuant to the National Settlement Agreement.
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. |
| 11/30/04 |
4182 |
Re: Lanell Long (Dansby D. Shepardl) v. Wyeth (04-23953)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of Dansby D. Shepard 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. Notwithstanding the foregoing, this Order shall not affect any rights to which Plaintiff Dansby D. Shepard may be entitled pursuant to the National Settlement Agreement.
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 |
| 11/30/04 |
4183 |
Re: Corissa Barnes v. Wyeth (04-27626)
AND NOW, this 30th day of November, 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 Wyeth, Bruce R. Stewart, Mark D. Cook, and Carolyn Hardegree, also known as Carolyn S. Jones, with each party to bear its own costs and counsel fees.
Notwithstanding the foregoing, this dismissal shall be subject to the terms and conditions in the Nationwide Class Action Settlement Agreement.
This Stipulation is filed on behalf of Plaintiff Corissa Barnes and all Defendants who have appeared in the above-captioned matter, those being Wyeth, Bruce R. Stewart, Mark D. Cook, and Carolyn Hardegree, also known as Carolyn S. Jones. |
| 11/30/04 |
4184 |
Re: Lanell Long (Brenda Morris) v. Wyeth (04-23953)
AND NOW, this 30th day of November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of Brenda Morris 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. Notwithstanding the foregoing, this Order shall not affect any rights to which Plaintiff Brenda Morris may be entitled pursuant to the National Settlement Agreement.
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. |
| 11/30/04 |
4185 |
Re: Gary L. Henley v. Wyeth (03-20337)
AND NOW, this 30th day of November, 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 Gary Henley in the above-captioned case are hereby dismissed with prejudice as to the sole remaining named defendant, Wyeth, with each party to bear its own costs and counsel fees.
This order disposes of all remaining claims in the above-captioned case.
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(a), all parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
|
| 11/30/04 | 4186 | Re: Judy
Anderson v. Wyeth (04-27240) AND NOW, this 30th day of
November, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and
DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii),
that the claims of Plaintiffs Janet Bryant, Jimmy Conway and
Christie Garrett are hereby dismissed without prejudice as to
Defendants Wyeth, Brenda Burns Dudley, Diana Gennings, now known as
diana Gennings Lowe, Mary D. Hollis and Marion M. Genrty, with each
party to bear its own costs and counsel fees. Notwithstanding the foregoing, this
dismissal shall be subject to the terms and conditions in the
Nationwide Class Action Settlement Agreement. In the event that Plaintiffs re-file
any claim or action arising out of the use of Pondimin or Redux,
Plaintiffs shall re-file such claim or action in federal court
only, and Plaintiffs shall name no new defendants. This Stipulation is filed on behalf of
Plaintiffs Janet Bryant, Jimmy Conway and Christie Garrett and all
Defendants who have appeared in the above-captioned matter, those
being Wyeth, Brenda Burns Dudley, Diana Gennings, now known as
Diana Gennings Lowe, and Marion M. Gentry. | | 12/01/04 | 4187 | Re: Kathy Meunier v. Wyeth (03-20548) AND NOW, this 1st day of
December, 2004, for the reasons set forth in the accompanying
Memorandum, it is hereby ORDERED that: 1. The motion to plaintiff to
remand to the Circuit Court of McCracken County, Kentucky is
DENIED. 2. All claims against defendant
Robert Bichon, D.O. are DISMISSED; and 3. The motion of defendant
Robert Bichon, D.O. for summary judgment (Doc. #7) is DENIED as
moot. | | 12/02/04 | 4188 | Re: Kimberly Gambrell v. Wyeth
(04-20218) AND NOW, this 2nd day
of December, 2004, it is hereby ORDERED that: 1. The motion of plaintiff to
remand to the Circuit Court of Bell County, Kentucky is DENIED;
and 2. All claims against W. Rex
Duff, M.D. and Weigh Less, Inc. are DISMISSED. | | 12/03/04 | 4189 | Re: Sheila Brown, Sharon Gaddie, Vivian Naugle, Quintin
Layer and Joby Jackson-Reid v. AHP (99-20593)
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
counsel for the parties hereto, that the plaintiffs= time to serve and file their opposition papers in response to the
AHP Settlement Trust=s Motion Seeking Revised Audit Rules, currently set for November
26, 2004, shall be and hereby is, extended until December 10,
2004. | | 12/03/04 | 4190 | Re: Exhibit A - SEE ORDER
It is hereby STIPULATED and AGREED by and between plaintiffs
represented by Fleming & Associates who are listed on Exhibit A
hereto, and Defendant Wyeth, through their respective undersigned
counsel, that Wyeth shall have an extension of time up to and
including December 15, 2004 to respond to the Fleming &
Associates=
MDL Plaintiffs=
Motion Requesting a Suggestion of
Remand, filed on or about November 18, 2004. This extension is for a period of less
than thirty (30) days. No prior extension has been requested
or given in this matter. | | 12/03/04 | 4191 | Re: Rhonda Allen v. Wyeth (04-23140) AND NOW, this 3rd day of
December, 2004, it is hereby ORDERED that the Joint Motion of Wyeth
and Indevus to dismiss non-diverse defendants as fraudulently
joined is DENIED as moot for the reasons that we have already
dismissed the only non-diverse defendant in this
action. | | 12/03/04 | 4192 | Re: Joan M. Abegg-Ghering, Cora V.
Abegglen, Cynthia H. Abercrombie, Margaret (Marnie) Adair, Alice
Adams, Barbara J. Adams, Betty Adams, Jerilee Adams, Bobbie Adkins,
Deborah J. Agee, Paulette Harris Agha, Mari Agnew, Herbert Aiken,
Sylvia Akers, Kitty Albert, Leann M. Albrecht, Suzanne Albright,
Joanne Alexander, James D. Allen, Janet Allen, Lavelle R. Allen,
Kristine Amussen, Caren J. Anderson, Connie E. Anderson, Janet L.
Anderson, Kristine Anderson, Patricia A. Anderson, Nola Arko,
Johnnie Armstrong, Phyllis B. Arthur, Linda Atkinson, Sandra
Augarten, Pamela Leigh Aycock, Walter J. Babson, Connie M. Bailey,
Talmadge U. Bailey, Carolyn Barker, Laverne Baker, Virginia L.
Barker, Jennifer E. Bassi, Della R. Baxter, Dorothy M. Beard,
Bonnie C. Beaver, Betty C. Beck, Janice Beckton, Carol Bee-Latty,
Woneta A. Bellevue, Helen E. Blash, Sanra Bosque, Yvonee Briscoe,
Joseph Brounstein, Deborah S. Brown, Richard Brown, William K.
Brown, Rebecca Butler, Joanna Carney, Maragaret Carter-Thompson,
Elaine Cavallo, Irene Chernack, Laurie Crawford, Cathy Davis,
Cynthia E. Dennis, Regina E. Driggers, Kathryn Duncan, Sheridan
Foreman, Julia Fowler, Margaret A. Francis, Mary Angela Fruen,
Anita Fuhrman, Barbara Fuller, Balbert L. Gale, Billie J. Givens,
David Gossett, Nancy Hanson, Kim M. Hardy, Helen Harrison, Crystal
Hayes, Kathleen hopper, Vicky W. Huckeba, Nona Hudgins, Sarah C.
Hudson, Sylvia Huggins, Elia Huse-Wooten-Plenty, Dariece
Jackson-Bartlett, Beverly J. Johnson, Monique Johnson, Sherry
Jones, Jenny Joslyn, Gerald E. Jundt, David E. King, Sharon
Kirkpatrick, Christine Knopf, Sarah M. Kubelka, Jenetta L.
Langston, Cynthia L. Lazenberry, Susan Lindemann, Socorro Lucero,
Allene Luke, Selinda R. Mahan, Eleanor Mauser, Diane Maxwell,
Michelle McBride, Deborah McCreary, Ellen B. McFarland, Louanne
McKinney, Shirley Ann McWhorter, Jana Meyers, Jack W. Miller, James
S. Mitchell, Camille M. Moffitt, Blondine Moreland, Daisy Mosley,
Justin E. Nall-Tilman, Sandra Neils, Marjorie Owens, Delores Parks,
Lauralee Pasko, Christeen Perry, James pierce, Lucelle Pietrocarlo,
Diane S. Pinkney, L. Pinsker, Linda Pryor, Bonnee Reddish, Frances
J. Ricketts, Hubert Roberts, Michele Rushing, Angela D. Scott,
Susan N. Sharp, Bobbie Sherod, Irma Shor, Betty Smith, Fred Smith,
Monica L. Smith, Mary A. Snow, Constance Stafford, Constance
Stanton, Diana Thompson, Frank Toploski, Theresa Vandewater,
Richard Walter, Terri L. White, Arthur Whitelaw, Mary
Wilkinson-Orvik, Johnnie M. Williams, Terri Lynn Wood, Mary
Wurdinger & Theresa Yates v. Wyeth | | 12/03/04 | 4193 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 3rd day of
December, 2004, pursuant to the continuing and exclusive
jurisdiction of the court over the Nationwide Class Action
Settlement Agreement with AHP including the Eighth Amendment to the
Settlement Agreement concerning the mediation of disputed matrix
claims in the show cause process, interested parties are ordered to
show cause why the following individuals should not be appointed as
mediators: Helen Braverman, John L. Braxton,
Norma B. Carter, Joseph G. DeRespino, Joseph Donley, Nancy Gellman,
Susan Herschel, Byron LaVan & Gregory Mathews. | | 12/03/04 | 4194 | Re: Sheila Brown v. AHP (99-20593) AND NOW, on this 3rd day of
December, 2004, it is hereby ORDERED that the motion of the AHP
Settlement Trust to modify Pretrial Order No. 3883 is DENIED as out
of time. | | 12/03/04 | 4195 | Re: All Actions FILED UNDER
SEAL |
|
| 12/06/04 |
4196 |
Re: Ursula Asher, Pamela Ellison, Barbara Geisert, Lisa Phelps-Dorris, Larry Russell, Robert Shoemaker, Sandra Sorrell & Eileen Turner v. Wyeth
AND NOW, this 3rd day of December, 2004, it is hereby ORDERED that:
1. The motions of plaintiffs to remand in the eight above-captioned actions are DENIED as moot for the reasons that the USDC for the Northern District of Georgia has already denied these motions.
2. All defendants in the above-captioned actions except Wyeth, and Wyeth Pharmaceuticals are dismissed; and
3. The claims of plaintiffs Carol Coleman, Donna Pewdo, Charmaine Brown, Maureen Dalgran, Diane Fontaine, Joane Yanak, Carrie Walton, Grafton Holley, Elizabeth Parzanese, Amanda McCabe, Mary Berry, and William Cavalier and Donna Haddock are DISMISSED without prejudice. |
| 12/07/04 |
4197 |
Re: Sheila Brown v. AHP (99-20593) claimants: Mary Bigelow, Sharon Carter, Sheryl Friedman, Nancy Graves, Tami L. Hayes, Alama Hickman, Margie Johnson, Angia C. Lefan-Rodriguez, Alexander McClure, Judith M. Nash, Donna J. Pickering, Patricia A. Ridge, Vivica A. Stewart, Gary Van Valkenburgh & Joyce Watson
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 Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in Pretrial Order 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 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 the se 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. |
| 12/07/04 |
4198 |
Re: Sheila Brown v. Wyeth (99-20593)
AND NOW, this 7th day of December, 2004, it is hereby ORDERED that:
1. The request of objectors Angela S. Duffy, Frank DeJulius, and Debra Rhea, having requested through counsel by letter an extension of time to respond to AClass Counsel=s Motion A. To Strike the Seventh Amendment Objections of Angela Duffy, Frank Dejulius and Cindy Pattison for lack of standing, and B. For leave to take the deposition of Seventh Amendment Objector Debra Rhea,@ is GRANTED in part; and
2. The objectors shall file any response to the aforementioned motion on or before December 15, 2004. |
| 12/07/04 |
4199 |
Re: Hubert Roberts v. Wyeth (04-21247)
AND NOW, this 7th day of December, 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. 04-21247, 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 foe 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. |
| 12/08/04 |
4200 |
Re: Zelda Rudy v. Wyeth (04-20001)
AND NOW, this 8th day of December, 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 cots and counsel fees.
This Stipulation is filed on behalf of plaintiff and all defendants who have appeared in the above-captioned matter, those being wyeth, wyeth pharmaceuticals, eckerd corp, gate, and Smithklie. |
| 12/08/04 |
4201 |
Re: Olga Garcia v. Wyeth (03-30767)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Olga Garcia hereby dismisses with prejudice this action as to the defendants Wyeth, Smithkline, GlaxoSmithkline, Medeva, Gate, Guillermo Padilla, M.D., Michelle Herren, Patrick W. Fitzgerald, Jacqueline Booth, and Mark W. Clark, with each party to bear their own costs and counsel fees. This dismissal is without prejudice to any rights plaintiff Olga Garcia may later accrue under the Nationwide Class Action Settlement Agreement. |
| 12/08/04 |
4202 |
re: Martha Green v. Wyeth (03-20234)
AND NOW, this 8th day of December, 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 Gwendolyn Lowe 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. |
| 12/08/04 |
4203 |
Re: Betty Smith v. Wyeth (04-21267)
COME NOW plaintiffs in this action named below (APlaintiffs@) as well as all Defendants 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:
Rosellyn M. Cowley and Roger D. Dengler
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. |
| 12/08/04 |
4204 |
Re: Blondie Moreland v. Wyeth (04-21233)
COME NOW plaintiffs in this action named below (APlaintiffs@) as well as all defendants 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:
Cynthia Clayton
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 costs and attorneys= fees incurred in this action. |
| 12/08/04 |
4205 |
Re: Richard Brown v. Wyeth (04-21245)
COME NOW plaintiffs in this action named below (APlaintiffs@) as well as all defendants 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:
JoAnn Abram
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 costs and attorneys= fees incurred in this action. |
| 12/08/04 |
4206 |
Re: Sherry Jones v. Wyeth (04-21251)
COME NOW plaintiffs in this action named below (APlaintiffs@) as well as all defendants 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:
Rita R. Walden & Roy J. Lee
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 costs and attorneys= fees incurred in this action. |
| 12/08/04 |
4207 |
Re: Christine Knopf v. Wyeth (04-21256)
COME NOW plaintiffs in this action named below (APlaintiffs@) as well as all defendants 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:
Bonnie J. Davis
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 costs and attorneys= fees incurred in this action. |
| 12/08/04 |
4208 |
Re: Nona Hudgins v. Wyeth (04-21272)
COME NOW plaintiffs in this action named below (APlaintiffs@) as well as all defendants 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:
Beatrice S. Johnson
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 costs and attorneys= fees incurred in this action. |
| 12/08/04 |
4209 |
Re: Margaret Francis v. Wyeth (04-21243)
COME NOW plaintiffs in this action named below (APlaintiffs@) as well as all defendants 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:
Shelba Ballard
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 costs and attorneys= fees incurred in this action. |
| 12/08/04 |
4210 |
Re: Donna Miller v. Wyeth (04-20076)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Donna Miller hereby dismisses with prejudice this action as to the defendants Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth-Ayerst International, Inc., Wyeth Pharmaceuticals, with each party to bear their own costs and counsel fees. This dismissal is without prejudice to any rights plaintiff Olga Garcia may later accrue under the Nationwide Class Action Settlement Agreement. |
| 12/08/04 |
4211 |
Re: Grant Johnson (Jeff Newman) v. Wyeth (04-24060)
Pursuant to Federal Rule of Civil Procedure 41(a)(1), Wyeth et al, through its attorneys, Holland & Hart Llp, and Plaintiff Jeff Newman, through his attorneys, Petersen, Parkinson and Arnold, PLLC, stipulate and agree to the dismissal of all of Plaintiff=s claims against Defendants.
The parties further agree that each will bear its own attorneys= fees and costs. |
| 12/08/04 |
4212 |
Re: Laura Edwards, Janice Hallman, Joni Hensley, Wanda Jacobs, Shelby Jones and Deborah Scott v. Wyeth (04-26845)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED, AND DECREED, pursuant to Rule 41(a)(1)9ii) of the Federal Rules of Civil Procedure, the claims of Plaintiff Shelby Jones are 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 Shelby Jones and defendants Wyeth, Wyeth Pharmaceuticals. |
| 12/08/04 |
4213 |
Re: Laura Edwards, Janice Hallman, Joni Hensley, Wanda Jacobs, Shelby Jones and Deborah Scott v. Wyeth (04-26845)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED, AND DECREED, pursuant to Rule 41(a)(1)9ii) of the Federal Rules of Civil Procedure, the claims of Plaintiff Laura Edwards are 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 Shelby Jones and defendants Wyeth, Wyeth Pharmaceuticals |
| 12/08/04 |
4214 |
Re: Laura Edwards, Janice Hallman, Joni Hensley, Wanda Jacobs, Shelby Jones and Deborah Scott v. Wyeth (04-26845)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED, AND DECREED, pursuant to Rule 41(a)(1)9ii) of the Federal Rules of Civil Procedure, the claims of Plaintiff Wanda Jacobs are 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 Shelby Jones and defendants Wyeth, Wyeth Pharmaceuticals |
| 12/08/04 |
4215 |
Re: Deanna Zaugg v. Wyeth (04-22960)_
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)9ii), 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.
As provided in Section VII.C.5 of the Nationwide Class Action Settlement Agreement, as amended, in the proceedings known as in re diet drugs litigation this dismissal is with prejudice with respect to all claims against Wyeth and Wyeth Pharmaceuticals, and improperly designated and AReleased Parties,@ as those terms are defined in Sections 1.5 and O.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, Deanna Zaugg, and on behalf of Defendant, Wyeth. |
| 12/08/04 |
4216 |
Re: Gigi Divin v. Wyeth (03-20406)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)91)(ii), that the claims of Plaintiff Gigi Divin in the above-captioned case are hereby dismissed without prejudice as to Defendant Dr. Walter Thomas, with each party to bear its own costs.
Nothing in this Order shall affect 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 parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 12/08/04 |
4217 |
Re: Shirley Calhoun v. Wyeth (04-20925)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)91)(ii), that the claims of Plaintiff Shirley S. Calhoun in the above-captioned case are hereby dismissed without prejudice as to Defendant Dr. Walter Thomas, with each party to bear its own costs.
Nothing in this Order shall affect 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 parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
| 12/08/04 |
4218 |
Re: Linda Mikeska v. Wyeth (03-20644)
AND NOW, this 8th day of Decmeber, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that Plaintiff Linda Mikeska hereby dismisses with prejudice this action as to all defendants. This dismissal is without prejudice to any rights plaintiff may later accrue under the Nationwide Class Action Settlement Agreement.
This stipulation is filed on behalf of Plaintiff Linda Mikeska and defendants who have appeared in the above-captioned matter. |
| 12/08/04 |
4219 |
Re: Jody Brown v. AHP (04-20390)
AND NOW, this 8th day of December, 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 as to all named Defendants, with each party to bear its own costs and counsel fees.
This dismissal shall be with prejudice. Notwithstanding the foregoing, this dismissal shall be subject to the terms and conditions in the National Class Action settlement Agreement and as agreed to in the Request to Revoke Opt-Out Form executed by the Plaintiff on October 12, 2004 and agreed to by Wyeth on October 26, 2004.
This Stipulation is filed on behalf of plaintiff and all defendants who have appeared in the above-captioned matter, those being Wyeth and AHP Subsidiary Holding. |
| 12/08/04 |
4220 |
Re: Sandra and James Schlesinger v. Wyeth (04-20148)
AND OW, this 8th day of December, 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, as indicated by the endorsements of counsel below. |
| 12/08/04 |
4221 |
Re: Mary E. Galvan v. Wyeth (03-20800)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that Plaintiff Mary E. Galvan hereby dismisses with prejudice this action as to all defendants, Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth-Ayerst International, Inc., with each party to bear their own costs and counsel fees. This dismissal is without prejudice to any rights plaintiff Mary E. Galvan may later accrue under the Nationwide Class Action Settlement Agreement.
This stipulation is filed on behalf of Plaintiff Mary E. Galvan and Defendants who have appeared. |
| 12/08/04 |
4222 |
Re: Marion Wachtstetter v. Wyeth (04-24048)
COME NOW the parties and stipulate to the dismissal of the claims of Marion Wachtstetter in the above-styled and number cause without prejudice. In the event that plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, plaintiff shall name no new defendants, nor assert new claims, and plaintiff may re-file this case only in Federal Court. |
| 12/08/04 |
4223 |
Re: Cheryl Olsen v. A.H. Robins, Wyeth (03-20105)
Pursuant to Rule 41 of the Federal Rules of Civil Procedure, and this Stipulation, the parties agree that the Complaint filed on behalf of Cheryl Olsen shall be dismissed with prejudice, each party to bear its own costs and fees. |
| 12/08/04 |
4224 |
Re: Bruce Norton v. A.H. Robins and Wyeth (03-20110)
Pursuant to Rule 41 of the Federal Rules of Civil Procedure, and this Stipulation, the parties agree that the Complaint filed on behalf of Bruce Norton shall be dismissed with prejudice, each party to bear its own costs and fees. |
| 12/08/04 |
4225 |
Re: Debra A. Marriott v. Wyeth (03-20554)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Debra A. Marritoo hereby dismisses with prejudice this action as to all defendants, with each party be bear their own costs and counsel fees. This dismissal is without prejudice with each party to bear their own costs and counsel fees. This dismissal is without prejudice to any rights plaintiff Debra A. Marriott may later accrue under the Nationwide Class Action Settlement Agreement.
This Stipulation is filed on behalf of plaintiff Debra A. Marriott and defendants who have appeared in the above-captioned matter. |
| 12/08/04 |
4226 |
Re: Anne and Curtis Tarwater v. Wyeth (04-20137)
AND NOW, this 8th day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiffs Anne and Curtis Tarwater hereby dismiss with prejudice this action as to defendants Wyeth, Robert Falke, Michelle Herren, with each party be bear their own costs and counsel fees. This dismissal is without prejudice to any rights plaintiffs Anne C. Tarwater and Curtis Tarwater may later accrue under the Nationwide Class Action Settlement Agreement.
This Stipulation is filed on behalf of plaintiffs Anne and Curtis Tarwater and defendants who have appeared in the above-captioned matter |
| 12/08/04 |
4227 |
Re: Stanley Gagliardi v. AHP (99-20747)
AND NOW TO WIT, this 9th day of December, 2004, it having been reported that the plaintiff in the above listed action is a member of the Nationwide Settlement Class and subject to the Nationwide Class Action Settlement Agreement with AHP and does not intend to prosecute their action against any named defendants which have not been released pursuant to that Settlement Agreement, upon order of the Court pursuant to Rule 41.1b of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to the Settlement Agreement and the agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named defendants. Notwithstanding the foregoing, this Order shall not affect any rights to which the plaintiff may be entitled pursuant to the Settlement Agreement. |
| 12/09/04 |
4228 |
Re: Holly Smith-Nellis v. AHP (00-20318)
AND NOW TO WIT: This 9th day of December, 2004, it having been reported that the Plaintiff in the above listed action is a member of the Nationwide Settlement Class and subject to the Nationwide Class Action Agreement, has not to date has opted out of the Nationwide Class Action Settlement Agreement with AHP, and does not intend to prosecute their action against any named defendants which have not been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of counsel, all claims in the above action are DISMISSED with prejudice and without costs as to all named Defendants. Notwithstanding the foregoing, this Order shall not affect any rights to which the plaintiff may be entitled pursuant to the Settlement Agreement. |
| 12/09/04 |
4229 |
Re: Beth Knapp v. Wyeth (04-24053)
Defendants, Wyeth on its own behalf and on behalf of the now-defunct entity, A.H. Robins Company, by and through their attorneys or record, Evans Keane LLP; and plaintiff Beth Knapp, by and through her attorneys of record, Peterson, Parkinson and Arnold, PLLC, and hereby agree to stipulate to the following:
1. Plaintiff executed a stipulation to dismiss on June 7th, 2004 without prejudice, her claims against Wyeth, AHP and A.H. Robins Company, Inc., See Exhibit A;
2. The Stipulation to Dismiss was entered in U.S. District Court for the District of Idaho on June 7, 2004 and an Order Granting the Stipulation to Dismiss without prejudice was entered by the Court on June 18, 2004.
3. Plaintiff therefore stipulates that the MDL 1203, civil action No. 04-24053 should also be dismissed.
4. In the event plaintiff decides to initiate a future lawsuit against any of the Defendants, they shall do so in a United Sates District Court and her claim must be presented so that the USDC has subject matter jurisdiction under 28 U.D.C. 1332.
5. Each party herein shall bear its own attorney=s fees. |
| 12/09/04 |
4230 |
Re: Beth Branch, Jeril Haug, Cathy Hill, Deanna Holsted, Jeanne Hoover, Deborah Martin, Vicki Meissner, Barba Moses, Chris Rogers and Mark Sontag v. Wyeth (04-25106)
COMES NOW the plaintiff, Deborah Martin, and the Defendants, Wyeth, AHP Subsidiary Holding Corporation Indevus Pharmaceuticals, Inc., and stipulate to the dismissal of the claims of Deborah Martin, only, in the above-styled and numbered cause without prejudice. In the event that Plaintiff, Deborah Martin, re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff, Deborah Martin, shall name no new defendants, nor assert new claims, and Plaintiff, Deborah Martin may re-file this case only in Federal Court. |
| 12/09/04 |
4231 |
Re: Mary Anderson, Pamela Beavers, Kathleen Bingham, Lillie Davis, Linda Hallman, Rosaline Hilderbrandt, Anita Kinnamon, Kathy Kuhlman, Jessica Peters, Marilyn Skoch, Willow Torres and Karla Wilson v. Wyeth (04-24036)
COMES NOW the plaintiff, Anita Kinnamon, and the Defendants, Wyeth, AHP Subsidiary Holding Corporation Indevus Pharmaceuticals, Inc., and stipulate to the dismissal of the claims of Deborah Martin, only, in the above-styled and numbered cause without prejudice. In the event that Plaintiff, Anita Kinnamon, re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff, Deborah Martin, shall name no new defendants, nor assert new claims, and Plaintiff, Anita Kinnamon may re-file this case only in Federal Court. |
| 12/09/04 |
4232 |
Re: Mary Anderson, Pamela Beavers, Kathleen Bingham, Lillie Davis, Linda Hallman, Rosaline Hilderbrandt, Anita Kinnamon, Kathy Kuhlman, Jessica Peters, Marilyn Skoch, Willow Torres and Karla Wilson v. Wyeth (04-24036)
COMES NOW the plaintiff, Rosalline Hilderbrandt the Defendants, Wyeth, AHP Subsidiary Holding Corporation Indevus Pharmaceuticals, Inc., and stipulate to the dismissal of the claims of Rosaline Hilderbrandt, only, in the above-styled and numbered cause without prejudice. In the event that Plaintiff, Rosaline Hilderbrandt re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff, Deborah Martin, shall name no new defendants, nor assert new claims, and Plaintiff, Rosaline Hilderbrandt may re-file this case only in Federal Court. |
|
| 12/09/04 | 4233 | Re: Linda Trisvan v.
Wyeth (03-20141)
AND NOW, this 9th day of December, 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 without prejudice
as to all named Defendants, with each party to bear its own costs
and counsel fees. In the
event that plaintiff re-files any claim or action, whatsoever,
arising out of the use of Pondimin or Redux, plaintiff agrees to
re-file, and shall only re-file, in the United States District
Court for the District in which plaintiff resides. This stipulation is filed on behalf of
plaintiff and all defendants who have appeared in the
above-captioned matter. | | 12/09/04 | 4234 | Re: Sheila Brown v.
AHP (99-20593) claimants: Steven Davis, Lucretia Day, Barbara
harnish, Carla M. Howard, Jane Hunt, Joyce Maurer, Linda McDowell,
Elaine Nowicki, Laura Ouimet, Carmen Parker, Jeannette Pearson,
Nancy Rowe & Colleen M. Watkins
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 Rules for the Audit
of Matrix Compensation Claims (AAudit Rules@), approved in Pretrial Order 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 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 the se 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. | | 12/13/04 | 4235 | Re: Sheila Brown v.
AHP (99-20593) It
is hereby STIPULATED and AGREED by and between Patricia Gail
Shelton and Defendant Wyeth, through their respective undersigned
counsel, that Wyeth shall have an extension of time up to and
including December 6, 2004 to respond to Class Claimant, Patricia
Gail Shelton=s Motion to Confirm Status as
Opt-in. This extension is for a period of less
than 30 days. No prior extension has been requested or given
in this matter. | | 12/13/04 | 4236 | Re: Doris Hamm v.
Wyeth (03-20582)
AND NOW, this 13th day of December, 2004, it is
hereby ORDERED that:
1. The motion of plaintiff to remand is DENIED; and 2. All claims against defendants
Arthur P. Hoyt, M.D. and James M. Halverson, M.D. are
DISMISSED. | | 12/14/04 | 4237 | Re: All
Actions AND NOW, TO WIT, this
14th day of December, 2004, upon consideration of
the Thirty-Second Application by Special Master for Interim
Compensation and Reimbursement of Expenses relating to PTO No.
2383, 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
$23,605.09 for the period from 11/1/04 through 11/3004, in
accordance with the procedure established by the Court./ | | 12/14/04 | 4238 | Re: All
Actions AND NOW, TO WIT, this
14th day of December, 2004, upon consideration of
the Eightieth Application by Special Discovery master for Interim
Compensation and Reimbursement of Expenses, 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 $87,069.73 for the
period from 11/01/04 through 11/30/04, in accordance with the
procedure established by the Court. | | 12/14/04 | 4239 | Re: All
Actions AND NOW, TO WIT, this
14th day of December, 2004, upon consideration of
the Fifty-Fourth Application by Escrow Agent for Interim
Compensation and Reimbursement of Expenses, 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 $4,598.87 for the
period from 11/1/04 through 11/30/04, in accordance with the
procedure established by the Court. | | 12/14/04 | 4240 | Re: All
Actions AND NOW, TO WIT, this
14th day of December, 2004, upon consideration of
the Forty-Eighth Application by Special Master to the AHP
Settlement Trust for Interim Compensation and Reimbursement of
Expenes, 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 $142,271.22 for the period from 11/1/04 through
11/30/04, in accordance with the procedure established by the
Court | | 12/15/04 | 4241 | Re: Sheila Brown v.
AHP (99-20593) Seventh Amendment Fairness Hearing
Pre-Hearing Disclosures | | 12/14/04 | 4242 | Re: Sheila Brown v.
AHP (99-20593) AND NOW, this 14th day of
December, 2004, upon consideration of Class Counsel=s
Motion on behalf of fund Administrator for Court Approval of
Authorization Application, the attached authorization application
is approved by the Court. It is further Ordered that the
Escrow Agent for the Seventh Amendment to the Nationwide Class
Action Settlement with AHP, PNC Bank, N.A., shall release funds
held in escrow pursuant to the terms of the Seventh Amendment for
the payment of the expenses, fees and costs itemized in the
attached authorization application that this order approves. | | 12/15/04 | 4243 | Re: Sheila Brown v.
AHP (99-20593) It
is hereby STIPULATED and AGREED by and between fourteen claimants
represented by Napoli, Kaiser Bern & Associates, LLP and
subject to Report and Recommendation No. 22 of the Special
Discovery Master and Defendant Wyeth, through their respective
undersigned counsel, that Wyeth, through their respective
undersigned counsel, that Wyeth shall have an extension of time up
to and including December 6, 2004 to respond to the Appeal of
Report and Recommendation No. 22 of the Special Discovery Master by
Fourteen Claimants Represented by Napoli, Kaiser Bern &
Associates, LLP. This extension is for a period of less
than 30 days. No prior extension has ben requested or given
in this matter. | | 12/15/04 | 4244 | Re: Victoria Hill v.
Wyeth (04-26729)
AND NOW, this 15th day of December, 2004, for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that:
1. The motion of plaintiffs to remand is DENIED;
2. All claims against defendants Ted A. Heinzler, Archie T.
Bourbon, Richard H. Flett, Richard L. Sommers, Rebecca A. Hayden,
Monica O=Flaherty, and Kristine A. Oxendine are
DISMISSED; and 3. All claims of plaintiffs
Tammy Hackler, Debra Graumenz, Evelyn Gandy, Joyce Cranford, and
Ramona Schwartz are DISMISSED without prejudice. |
|
| 12/15/04 |
4245 |
Re: Sheila Brown v. AHP (99-20593)
AND NOW, this 15th day of December, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. The motion of the AHP Settlement Trust for instruction regarding auditing cardiologists is GRANTED in part and DENIED in part:
2. The cross motion of certain claimants in opposition to the Trust=s motion for instruction regarding auditing cardiologists is GRANTED in part and DENIED in part;
3. The trust remove as auditing cardiologists the ten cardiologists who are the subject of its motion;
4. No further audits are required for the 363 claims where the auditing caridologists concurred with the attesting physicians that the claims were payable;
5. The trust shall promptly give notice to the claimants whose claims were audited by the ten auditing cardiologists at issue and received audit determinations of Ano reasonable medical basis@ or a reduced Matrix level that their auditing cardiologists have been disqualified as auditors. Each such class member shall be given an opportunity to have his or her claim re-audited by an independent auditing cardiologist. Any such election by a class member for a re-audit must be made in writing within 30 days after notice is sent by the AHP Settlement Trust. The election must be signed and dated by the class member, or in the case of a deceased class member, by his or her personal representative. Any such re-audits shall be expedited; and
6. The motion of certain claimants for further discovery with respect to the identification of the ten auditing cardiologists and communications by the Trust and Wyeth with them is DENIED. |
| 12/15/04 |
4246 |
Re: Karen Bates v. Dwalia South (03-20630)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days. |
| 12/15/04 |
4247 |
Re: Gaither Bell v. Donald Blackwood, M.D. (03-20584)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days. |
| 12/15/04 |
4248 |
Re: Lisa Bishop v. Terry Lowe, M.D. (03-20601)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days. |
| 12/15/04 |
4249 |
Re: Margie Broom v. Wyeth (03-20587)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days. |
| 12/15/04 |
4250 |
Re: Jacqueline Burge v. Dennis Sims, M.D. (03-20299)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days. |
| 12/15/04 |
4251 |
Re: David Clark v. A. Keith Lay, Jr. (03-20393)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days. |
| 12/15/04 |
4252 |
Re: David Clark v. A. Keith Lay, Jr. (03-20393)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days. |
| 12/15/04 |
4253 |
Re: Mona Allen-Kelly v. Calvin Masterson, M.D. (03-20379)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days |
| 12/15/04 |
4254 |
Re: See Exhibit A
It is hereby STIPULATED and AGREED between plaintiffs represented by Fleming & Associates who are listed on Exhibit A, hereto, and Defendant Wyeth, through their respective undersigned counsel, that plaintiffs shall have until December 14, 2004 to file a consolidated response to both of Wyeth=s Consolidated Motions to dismiss Fraudulently Joined Defendants filed on November 22, 2004 and November 29, 2004, respectively.
This extension is for a period of less than 30 days. No prior extension has been requested or given in this matter. |
| 12/15/04 |
4255 |
Re: Lana Smith v. Jasper D. Moore (03-20590)
AND NOW, this 15th day of December, 2004, it is hereby STIPULATED AND AGREED between Plaintiffs and Wyeth that Wyeth shall have an extension of time up to and including January 3, 2005 to serve a response to plaintiffs= motion to amend and/or to reinstate physician defendants as parties to this lawsuit. This extension is for a period of 30 days. |
| 12/15/04 |
4256 |
re: Sheila Brown v. AHP (99-20593)
It is hereby STIPULATED and AGREED among Class Counsel, Wyeth and the Trust, through their respective undersigned counsel, that all responses to the AHP Settlement Trust=s Motion for Approval of Revised Audit Rules and Enhanced Auditor Training shall be filed no later than February 7, 2005 |
| 12/17/04 |
4257 |
Re: Linda L. Bartlett v. Wyeth (04-20386)
AND NOW, this 17th day of December, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. The motion of plaintiff to remand is DENIED; and
2. All claims against Leroy Peacock are DISMISSED. |
| 12/17/04 |
4258 |
Re: All Actions FILED UNDER SEAL |
| 12/17/04 |
4259 |
Re: Sheila Brown v. AHP (99-20593) claimants: William Belanger, Barbara Bone, Kathleen Brock, Olga Cortez-Medearis, Lisa Dastrup, Marilyn Gabor, Louvenia Hammond, Dolores McGee, Barbara Meyer, Janet L. Paddock, Carolyn H. Porter, Karen Real, Bunny Sabey, Michele J. Williams & Julia C. Worley
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 Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in Pretrial Order 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 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 the se 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. |
| 12/20/04 |
4260 |
Re: Judith B. Bristley v. Wyeth (03-20123)
AND NOW, this 20th day of December, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. The motion by Wyeth to vacate Suggestion of Remand Order nO. 16 is GRANTED;
2. The clerk of the court shall inform the judicial panel on Multidistrict Litigation that Suggestion of Remand No. 16 is VACATED; and
3. The motion by Wyeth to partially lift the stay imposed by Suggestion of Remand no. 16 is DENIED as moot. |
| 12/20/04 |
4261 |
Re: Judith B. Bristley v. Wyeth (03-20123)
AND NOW, this20th day of December, 2004, it is hereby ORDERED that:
1. The motion of plaintiff to remand is DENIED;
2. All claims against defendant Arthur Hadley, M.D., pharmacy are DISMISSED; and
3. The motion of defendant Arthur Haldey pharmacy to dismiss is DENIED as moot. |
| 12/20/04 |
4262 |
Re: Lorraine Corkran v. Wyeth (03-20214)
AND NOW, this 20th day of December, 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 Eckerd Corporation, Goldline Laboratories, Inc., and Judith Alkire are DISMISSED. |
| 12/20/04 |
4263 |
Re: Alice Balsom v. Indevus Pharmaceuticals (04-27155)
AND NOW, this 20th day of December, 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 Eckerd Corporation, Sidney G. Collins, Toney J. Pitts, and Victoria McGuiness are DISMISSED. |
| 12/21/04 |
4264 |
Re: Jacqueline and William L. Jones v. Fisons (01-20134)
AND NOW, this 21st day of December, 2004, it is hereby ORDERED that Report and Recommendation No. 17 of the Special Discovery Master (as to voluntary dismissal with prejudice of various defendants) is AFFIRMED.
It is FURTHER ORDERED that:
1. Defendants listed on Exhibit A are DISMISSED WITH PREJUDICE.
2. Plaintiffs listed on Exhibit A shall file conforming captions with the Court within 30 days. |
| 12/21/04 |
4265 |
Re: Dorothy Jensen v. Medeva, Fisons, Ion, Gate & Smithkline (03-20089), Tedene and Robert LaChance v. Qualitest and Eon (01-20158), Deborah Ann and Joel Lowery v. AHP, Wyeth, A.H. Robins, Interneuron & Teva (00-20541), Norma March v. Wyeth, Smithkline, Glaxosmithkline, Eon, Medeva, Fisons, Gate, Daniel B. Burke, Dean L. Marusak, A. Durwood Neie, United Pharmacy #22, United Supermarkets, LTD. & Dr. Lawrence McAfee (03-20419) & Lois Palmer v. Wyeth, Smithkline, Glaxosmithkline, Eon, Medeva, Fisons, Gate, Daniel B. Burke, A. Durwood Neie, Bowers Prescription Shop, LLC, Dr. Wasim Khan & Dalhart Medical (03-20504)
AND NOW, this 21st day of December, 2004, it is ORDERED that the Report and Recommendation No. 18 of Special Discovery Master (as to voluntary dismissal without prejudice of various defendants) is AFFIRMED.
It is FURTHER ORDERED that the Plaintiffs= case listed on Exhibit C shall be marked Aclosed@ by the Clerk of Court. |
| 12/21/04 |
4266 |
Re: Sheila Brown v. AHP (99-20593)
AND NOW, this 21st day of December, 2004, upon consideration of Class Counsel=s Motion on Behalf of Fund Administrator for Court Approval of Proposed Contract Between Fund Administrator and EchoAnalysis, LLC, it is hereby ordered that said contract is approved, and the Fund Administrator is granted Court Authority to execute the contract in the form attached hereto as Exhibit 1. Further, the fund administrator is granted court authority to exercise its reasonable discretion concerning the following aspects of the contract:
1. Determining the number of software licenses reasonably needed for performing the fund administrator=s services and responsibilities, in accordance with the software license fee schedule attached to the contract at exhibit Aa@ thereto.
2. To contract for development services schedule, attached to the contract at exhibit Ab@ thereto.
3. Determining the manner, type and need for support services and to engage for the hourly support program and/or full support program as reasonably necessary, in accordance with the terms of exhibit Ac= to the contract and schedules 1 and 2 to exhibit Ac@.
4. Arranging for appropriate training services as reasonable necessary in accordance with exhibit Ad@ to the contract. |
| 12/21/04 |
4267 |
Re: All Actions
AND NOW, this 21st day of December, 2004, it is hereby ORDERED that the Report and Recommendation No. 21 of the Special Discovery Master (as to dismissal of various defendants from cases for lack of product identification) is AFFIRMED;
IT IS FURTHER ORDERED that the noted plaintiffs shall file conforming captions within 30 days; and
IT IS FURTHER ORDERED that the defendants listed on exhibits A through U of Report and Recommendation No. 21 are DISMISSED with prejudice. |
| 12/21/04 |
4268 |
Re: Sandra S. Sorrell v. Wyeth (04-20086)
COME NOW Silvia Andrae, Patricia Carlson, Barbara Case, Bonnie Davis, Myrtle Dowler, Fori Freund, Joy Fulfer, Cindy Higdon, Judith Hintz, Carla Jenson, Gerene Kincaid, Ann Leuthard, Connie Lodice, Joyce McDaris, Glenda Murphy, Heather Myers, Betty Red, Jeanne Redlin, Teresa Rodriguez, Loretta Schlothauer, Kathy Stewart, Dianna Waddell, Tammy Woodard, Plaintiffs in the above-referenced case, and advise the court that they wish to dismiss their claims and causes of action as to all defendants with prejudice. Pursuant to Rule 41(a)(1)(a) of the Federal Rules of Civil Procedure that plaintiffs and defendants stipulate to the dismissal with prejudice of said plaintiffs= claims as to all defendants. |
| 12/21/04 |
4269 |
Re: Wendy Desouza and Jean Jones v. Wyeth (04-26655)
IT IS on this 21st day of December, 2004, STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that the Complaint filed herein in the above-captioned action is hereby dismissed with prejudice, with each party to bear its own costs and counsel fees.
Dismissal of this action does not extinguish or otherwise adversely affect any rights plaintiffs may have to pursue all remedies available to them as members of a class action against Wyeth or Wyeth, Inc. f/k/a AHP, in the EDPA. |
| 12/21/04 |
4270 |
Re: Danielle F. Pigneur v. Wyeth (04-21511)
AND NOW, this 21st day of December, 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, with each party to bear its own costs and counsel fees.
Notwithstanding the foregoing, this Stipulation and Order shall be subject to the terms and conditions of the Nationwide Class Action Settlement Agreement.
This Stipulation is filed on behalf of Plaintiff Danielle F. Pigneur and Defendant Wyeth, which appeared in this action. |
| 12/21/04 |
4271 |
Re: Doyce A. Creech v. Wyeth (04-21512)
AND NOW, this 21st day of December, 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, with each party to bear its own costs and counsel fees.
Notwithstanding the foregoing, this Stipulation and Order shall be subject to the terms and conditions of the Nationwide Class Action Settlement Agreement.
This Stipulation is filed on behalf of Plaintiff Doyce A. Creech and all Defendants who have appeared in this action. |
| 12/21/04 |
4272 |
Re: Fawna Bird v. Wyeth (04-22965)
IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, that the claims of Plaintiff, Brenda Carter, solely, be dismissed in their entirety with prejudice, as to all Defendants, each party to bear its own costs.
IT IS FURTHER AGREED, that this dismissal will not effect the rights and obligations of Brenda Carter, if any, that she may have under the terms of the Nationwide Class Action Settlement Agreement with AHP. |
| 12/21/04 |
4273 |
Re: Fawna Bird v. Wyeth (04-22965)
IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, that the claims of Plaintiff, Judy Black, solely, be dismissed in their entirety with prejudice, as to all Defendants, each party to bear its own costs.
IT IS FURTHER AGREED, that this dismissal will not effect the rights and obligations of Judy Black, if any, that she may have under the terms of the Nationwide Class Action Settlement Agreement with AHP. |
| 12/21/04 |
4274 |
Re: Susan McKelvey v. AHP (01-20064)
IT IS HEREBY STIPULATED AND AGREED, between the parties hereto, through their respective counsel of record, that the above-captioned action be dismissed without prejudice, each party to bear its own costs.
IT IS FURTHER AGREED, that this dismissal will not effect the rights and obligations of Susan McKelvey, if any, that she may have under the terms of the Nationwide Class Action Settlement Agreement with AHP. |
| 12/21/04 |
4275 |
Re: Karen Mott v. Wyeth (04-22964)
IT IS HEREBY STIPULATED AND AGREED, between the parties hereto, through their respective counsel of record, that the above-captioned action be dismissed without prejudice, each party to bear its own costs.
IT IS FURTHER AGREED, that this dismissal will not effect the rights and obligations of Karen Mott, if any, that she may have under the terms of the Nationwide Class Action Settlement Agreement with AHP. |
| 12/21/04 |
4276 |
Re: Julie Raborn v. Wyeth (04-22962)
IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, that the claims of Plaintiff, Julie Raborn, solely, be dismissed in their entirety with prejudice, as to all Defendants, each party to bear its own costs.
IT IS FURTHER AGREED, that this dismissal will not effect the rights and obligations of Julie Raborn, if any, that she may have under the terms of the Nationwide Class Action Settlement Agreement with AHP. |
| 12/21/04 |
4277 |
Re: Carla Campbell v. Wyeth (04-27104)
Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff, Carla Campbell, through her attorneys, Driggs Bills & Day, and Defendant, Wyeth, through its attorneys, Holland & Hart, llp, stipulate and agree to the dismissal with prejudice of all of plaintiff=s claims against defendants.
The parties further agree that each will bear its own attorneys= fees and costs. |
| 12/21/04 |
4278 |
Re: Margaret C. McLellan v. Wyeth (04-20174)
COME NOW the parties, by and through their undersigned counsel of record, who hereby stipulate as follows: as a matter of law, defendants David M. Brown and Jane Doe Brown are without fault for causing plaintiff=s injuries. Accordingly, at the trial of this matter, no party shall seek to apportion fault to defendants Brown.
The parties hereby move the court for an order dismissing all claims against defendants Brown with prejudice and without costs to any party. All other claims against the remaining defendants remain pending trial. |
| 12/21/04 |
4279 |
Re: Duane E. Smith, Jr. v. Wyeth (04-20173)
COME NOW the parties, by and through their undersigned counsel of record, who hereby stipulate as follows: as a matter of law, defendants Brian M. Patterson and Jane Doe Patterson are without fault for causing plaintiff=s injuries. Accordingly, at the trial of this matter, no party shall seek to apportion fault to defendants Brown.
The parties hereby move the court for an order dismissing all claims against defendants Brown with prejudice and without costs to any party. All other claims against the remaining defendants remain pending trial. |
| 12/21/04 |
4280 |
Re: Carroll Baldridge v. Wyeth (04-26727)
AND NOW, this 21st day of December, 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 Rhonda Jameson are in the above-captioned case are hereby dismissed with prejudice as to defendants, Wyeth, Brenda Bruns Dudley, Diana Gennings, now known as Diana Gennings Lowe, Mary D. Hollis, and Marion M. Gentry, with each party to bear its own costs and counsel fees.
Notwithstanding the foregoing, this dismissal shall be subject to the terms and conditions in the nationwide class action settlement agreement and as agreed to in the request to revoke opt-out form executed by the plaintiff on April 29, 2004, and agreed to by Wyeth on August 12, 2004 |
| 12/21/04 |
4281 |
Re: Coletta Davis v. AHP (04-21424)
AND NOW, this 21st day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned case is hereby dismissed without prejudice as to all named Defendants, with each party to bear its own costs and counsel fees. In the event that plaintiff re-files any claim or action arising out of the use of Pondimin or Redux, Plaintiff shall re-file such claim or action in federal court only. |
| 12/21/04 |
4282 |
Re: Robin Hindi v. Wyeth (04-20459)
AND NOW, this 21st day of December, 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 Robin Hindi 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. Notwithstanding the foregoing, this order shall not affect any rights which plaintiff Robin Hindi may be entitled pursuant to the Nationwide Settlement Agreement.
This Stipulation complies with Federal Rule of Civil Procedure Ruel 41(a)(1)(ii). All parties in this action who have entered an appearance have executed this dismissal through the undersigned counsel of record. |
|
| 12/21/04 |
4283 |
Re: Renea Dale (Jo Elting, Brenda Langford, Sheila Matlock) v. Wyeth (04-27244)
AND NOW, this 21st day of December, 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 Jo Elting and Brenda Langford and Sheila Matlock hereby dismiss without prejudice this action as to the defendants who have appeared in the above-captioned matter, Wyeth, Wyeth Pharmaceuticals, Inc. and Wyeth-Ayerst International, Inc., with each party to bear their own costs and counsel fees.
Notwithstanding the foregoing, this dismissal shall be subject to the terms and conditions in the nationwide class action settlement agreement and as agreed to in the request to revoke opt-out form executed by the plaintiffs, and agreed to by Wyeth on April 7, 2004, for Jo Elting and Brenda Langford, and agreed to by Wyeth on July 12, 2004, for Sheila Matlock. |
| 12/21/04 |
4284 |
Re: Sherrell Cole v. AHP (03-201710
AND NOW, this 7th day of December, 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.
|
| 12/21/04 |
4285 |
Re: Janice And Ronald Bennett v. Wyeth (03-20614)
AND NOW, this 21st day of December, 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 with prejudice to all named Defendants, with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of plaintiff and all defendants who have appeared in the above-captioned matter. |
| 12/21/04 |
4286 |
Re: Rebeath Abbott (Susan Monks) v. Wyeth (04-20006)
AND NOW, this 21st day of December, 2004, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Susan Monks hereby dismisses with prejudice this action as to all defendants in the above-captioned matter, Wyeth, Stephen M. Anthony, Frank Bedrick and L. Clayton Lacy, with each party to bear their own costs and counsel fees. Notwithstanding the foregoing, this stipulation and order shall be subject to Nationwide Class Action Settlement Agreement.
This Stipulation is filed on behalf of plaintiff Susan Monks and defendants Wyeth, Frank Bedrick and L. Clayton Lacy, who have appeared in the above-captioned matter. |
| 12/21/04 |
4287 |
Re: Tammy Walton v. AHP (03-20268)
AND NOW, this 21st day of December, 2004. it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the claims of Tammy and Michael James Walton, wife and husband, and Harley Brashier, minor and Cory Brashier, minor, by and through their natural guardian Tammy Walton, are hereby dismissed with prejudice as to defendants Les Laboratoires Servier and Servier Amerique, with each party to bear its own costs and counsel fees. This stipulation and Pretrial Order disposes of the claims of plaintiffs as against these named defendants only.
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. Defendants Les Laboratoires Servier and Servier Amerique were named but not served with original process and, therefore, did not enter their appearance in the action. |
| 12/23/04 |
4288 |
Re: Sheridan Foreman v. AHP (04-21264)
AND NOW TO WIT: this 23rd day of December, 2004 it having been reported that the issues between the parties with respect to plaintiff Christine M. Ivester in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Christine M. Iver in the above listed action are DISMISSED with prejudice and without costs as to all named defendants. |
| 12/23/04 |
4289 |
Re: Zola Hunt v. AHP (02-20091)
AND NOW TO WIT: this 23rd day of December, 2004 it having been reported that the issues between the parties in the civil action listed above have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims in the above listed action are DISMISSED with prejudice and without costs as to all named defendants. |
| 12/23/04 |
4290 |
Re: Alice Anderson v. AHP (04-21481)
AND NOW TO WIT: this 23rd day of December, 2004 it having been reported that the issues between the parties with respect to plaintiff Alice Anderson in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Alice Anderson in the above listed action are DISMISSED with prejudice and without costs as to all named defendants. |
| 12/23/04 |
4291 |
Re: Pamela Elder v. AHP (04-21486)
AND NOW TO WIT: this 23rd day of December, 2004 it having been reported that the issues between the parties with respect to plaintiff Pamela Elder in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Pamela Elder in the above listed action are DISMISSED with prejudice and without costs as to all named defendants. |
| 12/23/04 |
4292 |
Re: Ruby Shepard v. Wyeth (04-21493)
AND NOW TO WIT: this 23rd day of December, 2004 it having been reported that the issues between the parties with respect to plaintiff Ruby Shepard in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Ruby Shepard in the above listed action are DISMISSED with prejudice and without costs as to all named defendants. |
| 12/23/04 |
4293 |
Re: Phyllis Parker v. Wyeth (04-29454)
AND NOW TO WIT: this 23rd day of December, 2004 it having been reported that the issues between the parties with respect to plaintiff Phyllis Parker in the above listed action have been settled, and upon Order of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims of plaintiff Phyllis Parker in the above listed action are DISMISSED with prejudice and without costs as to all named defendants. |
|
| 12/23/04 |
4294 |
Re:
Shirley Kay v. Wyeth (03-20020)
AND NOW TO WIT: this 23rd day of December, 2004 it having been
reported that the issues between the parties with respect to plaintiff
Shirley Kay in the above listed action have been settled, and upon Order
of the Court pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure
of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims of plaintiff
Shirley Kay in the above listed action are DISMISSED with prejudice and
without costs as to all named defendants. |
| 12/23/04 |
4295 |
Re:
Betty and Charlie West v. AHP (02-20094)
AND NOW TO WIT: This 23rd day of December, 2004, it having
been reported that the plaintiffs in the listed action have not opted
out of the Nationwide Class Action Settlement Agreement with AHP, and
do not intend to prosecute their action against any named defendants which
have not been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of
counsel, all claims in the above action are DISMISSED with prejudice and
without costs as to all named Defendants. Notwithstanding the foregoing,
this Order shall not affect any rights to which the plaintiffs may be entitled
pursuant to the Settlement Agreement. |
| 12/23/04 |
4296 |
Re:
Shirley Brauner v. AHP (02-20095)
AND NOW TO WIT: This 23rd day of December, 2004, it having
been reported that the plaintiffs in the listed action have not opted
out of the Nationwide Class Action Settlement Agreement with AHP, and
do not intend to prosecute their action against any named defendants which
have not been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of
counsel, all claims in the above action are DISMISSED with prejudice and
without costs as to all named Defendants. Notwithstanding the foregoing,
this Order shall not affect any rights to which the plaintiffs may be entitled
pursuant to the Settlement Agreement. |
| 12/23/04 |
4297 |
Re:
Mary Beth and Mark Hivick v. AHP (02-20096)
AND NOW TO WIT: This 23rd day of December, 2004, it having
been reported that the plaintiffs in the listed action have not opted
out of the Nationwide Class Action Settlement Agreement with AHP, and
do not intend to prosecute their action against any named defendants which
have not been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of
counsel, all claims in the above action are DISMISSED with prejudice and
without costs as to all named Defendants. Notwithstanding the foregoing,
this Order shall not affect any rights to which the plaintiffs may be entitled
pursuant to the Settlement Agreement. |
| 12/23/04 |
4298 |
Re:
Keith and Joan Mathias v. AHP (02-20090)
AND NOW TO WIT: This 23rd day of December, 2004, it having
been reported that the plaintiffs in the listed action have not opted
out of the Nationwide Class Action Settlement Agreement with AHP, and
do not intend to prosecute their action against any named defendants which
have not been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of
counsel, all claims in the above action are DISMISSED with prejudice and
without costs as to all named Defendants. Notwithstanding the foregoing,
this Order shall not affect any rights to which the plaintiffs may be entitled
pursuant to the Settlement Agreement. |
| 12/23/04 |
4299 |
Re:
Terry & Mike Lawrence v. AHP (00-21041)
AND NOW TO WIT: this 23rd day of December, 2004 it having been
reported that the issues between the parties in the civil action listed
above have been settled, and upon Order of the Court pursuant to Rule
41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims in the above
listed action are DISMISSED with prejudice and without costs as to all named
defendants. |
| 12/23/04 |
4300 |
Re:
Paul and Deborah Wenc v. AHP (01-20141)
AND NOW TO WIT: this 23rd day of December, 2004 it having been
reported that the issues between the parties in the civil action listed
above have been settled, and upon Order of the Court pursuant to Rule
41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims in the above
listed action are DISMISSED with prejudice and without costs as to all named
defendants. |
| 12/23/04 |
4301 |
Re:
Susan and Gary Reynolds v. AHP (02-20093)
AND NOW TO WIT: This 23rd day of December, 2004, it having
been reported that the plaintiffs in the listed action have not opted
out of the Nationwide Class Action Settlement Agreement with AHP, and
do not intend to prosecute their action against any named defendants which
have not been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of
counsel, all claims in the above action are DISMISSED with prejudice and
without costs as to all named Defendants. Notwithstanding the foregoing,
this Order shall not affect any rights to which the plaintiffs may be entitled
pursuant to the Settlement Agreement. |
| 12/23/04 |
4302 |
Re:
Freda and Basil Mathena v. AHP (02-20092)
AND NOW TO WIT: This 23rd day of December, 2004, it having
been reported that the plaintiffs in the listed action have not opted
out of the Nationwide Class Action Settlement Agreement with AHP, and
do not intend to prosecute their action against any named defendants which
have not been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of
counsel, all claims in the above action are DISMISSED with prejudice and
without costs as to all named Defendants. Notwithstanding the foregoing,
this Order shall not affect any rights to which the plaintiffs may be entitled
pursuant to the Settlement Agreement. |
| 12/30/04 |
4303 |
Re:
Joy Greer v. Wyeth (03-20281)
AND NOW, this 30th day of December, 2004, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that:
1. The motion of plaintiff Joy Greer to remand this action to the
Circuit Court of Greene County, Arkansas is DENIED; and
2. All claims against defendant Judy Leach, A.P.N. are DISMISSED. |
| 12/30/04 |
4304 |
Re:
Bridgette Garnett, Starr Norwood, Sandra Rodgers, and Connie Thomas (04-26944)
& Randy Lee, Gina Colley, Harry Gray, Debbie Dodds, and Michael Carper
(04-26945) v. AHP
AND NOW, this 30th day of December, 2004, upon consideration
of Wyeth=s
Motion for Leave to File a Response to Plaintiff=s
Notice of Pending Motions to Remand, it is hereby ORDERED that Wyeth=s
Motion is GRANTED and Wyeth=s
Response to Plaintiffs=
Notice
of Pending Motions to Remand and Exhibits thereto shall be entered in the
docket by the Clerk of Court. |
| 01/03/05 |
4305 |
Re:
Sheila Brown v. AHP (99-20593) claimants: Sandra Barnett, Dawn A. Bower,
Gary Buschmann, Albert Cannistra, Sylvia Chustz, Tina R. Crim, Maureen
A. Early, Pam C. Elliott, Linda Jennings, Linda Johnson, Susan B. Little,
Sheila Martinie, Barbara Mauch, Jeffrey W. Stedding & Catherine A.
Vandrovec
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 Rules for the Audit of Matrix Compensation
Claims (AAudit
Rules@),
approved in Pretrial Order 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 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 the se 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. |
| 01/04/05 |
4306 |
Re:
All Actions - FILED UNDER SEAL |
| 01/04/05 |
4307 |
Re:
Sheila Brown v. AHP (99-20593)
And now this 4th day of January, 2005, kindly docket the attached
claimant submissions regarding the proposed Seventh Amendment to the Nationwide
Class Action Settlement Agreement with AHP. |
| 01/05/05 |
4308 |
Re:
Daniel Raszler v. Wyeth (04-26816)
On this day came on for consideration Wyeth=s
Motion for Extension of Time to File Response to Plaintiff=s
Notice of Pending Motion to Remand. The Court finds that the motion
should be granted.
IT IS THEREFORE ORDERED that Wyeth is granted an extension to January
10, 2005 to
file its response to plaintiffs=
notice
of pending motion to remand. |
| 01/05/05 |
4309 |
Re:
Dorothy S. Alexander 04-26342, Karen D. Allen 04-21585, Toya C. Allen
04-26527, Barbara J. Barker 04-27320, Mary B. Beatty 04-26532, Bonnie
Becker 04-21907, Scharley Brite 04-26315, Caroline Brooks 04-26437, Richard
Broussard 04-21590, Lisa M. Brown 04-26596, Randy E. Capps 04-26636, James
I. Case 04-26638, Michelle L. Claunch (04-21357), Gelea C. Clem (04-26435),
Dale A. Craig (04-26364), Lou A. Criff (04-21583), Pamela G. Custer (04-21103),
Jonnie R. Darneal (04-26635), Barbara A. Deanda (04-26318), Lakeisheia
Dennis (04-26536), Colleen Dowden (04-26646), Gilda Dunn (04-26562), Melody
R. Elledge (06-26478), Margaret Falconer (04-26440), Jennifer Fick (04-26578),
Cherice M. Fields (04-26526), Bonnie G. Freeman (04-26320), Karen Gracey
(04-25830), Joanna D. Graham (04-26343), Lanelle H. Hanagriff (04-26352),
Leticia A. Hanks (04-26644), Kathy Harpst (04-21588), Sheryl Herron (04-26355),
Kathy L. Hicks (04-26579), Barbara A. Holden (04-26643), Edith Johnson
(04-22926), Shellie J. Karm (04-21356), Victoria keith (04-21584), Jana
L. Koen (04-26597), Angela H. Martin (04-26384), Lynda J. Martin (04-26585),
Guadalupe Martinez (04-26568), Debra May (04-26807), Cheryl McCurdy (03-20146),
Joan F. McWilliams (04-26586), Lisa J. Miner (04-26323), Ginger R. Morrow-Williamson
(04-26390), Sandra L. Nickerson (04-26372), Barbar B. Nini (04-26529),
Rhonda K. Pavelka (04-23746), Jayne Payne (04-26337), Lexie Reneau (04-26359),
Sherri S. Rowe (04-26837), Ruby L. Ryan (04-21579), Kimberly G. Schexnaider
(04-26551), Ruth Spence (03-20388), Sherry J. Stasney (04-26641), Susan
C. Stormer (04-26575), Angel D. Turner (04-20180), Leticia Velasquez (04-26598),
Clara L. Vice (04-26494), William Willard (04-26560), Denise Williams
(04-26808), Laqueta Williams (04-26330), Bonnie L. Wright (04-26347),
Jackulyn Bodenstedt (04-26407), Merilyn K. Deane (04-26565), Sherrye Patterson
(04-21906), Caroline M. Smith (04-26614) & Ouida A. Wallace (04-22929)
v. Wyeth
On this day come on for consideration Wyeth=s
Uncontested Motion for Extension of Time to File Consolidated Reply.
The Court finds that the motion should be granted.
IT IS THEREFORE ORDERED that Wyeth is granted an extension to January
3, 2005 to
file its Consolidated Reply in the captioned case. |
| 01/06/05 |
4310 |
Re:
Kathy Ashby v. Wyeth (02-20166)
It is hereby STIPULATED AND AGREED between plaintiff Diane Bettino and
Wyeth, through their respective counsel, that Wyeth shall have until December
28, 2004, to file and serve a reply to the Motion to Reconsider Dismissal
Pursuant to PTO 1415 filed by plaintiff Diane Bettino.
This extension is for a period of less than 30 days and will result in no
prejudice to either plaintiff or defendants. |
| 01/07/05 |
4311 |
Re:
Sheila Brown v. AHP (99-20593)
AND NOW, This 7th day of January, 2005, it is hereby ORDERED
that:
1. The motion of Wyeth to stay certain class members=
moiton under rule 60(b)(4) for relief from
judgment is GRANTED; and
2. Briefing and consideration of the said Rule 60(b)(4) is STAYED
pending this court=s
ruling either approving or disapproving the Seventh Amendment to the Nationwide
Class Action Settlement Agreement. |
| 01/07/05 |
4312 |
Re:
Sheila Brown v. AHP (99-20593)
AND NOW, this 7th day of January, 2005, it is hereby ORDERED
that the emergency motion of Wyeth to strike the submission of the Napoli
Group with respect to the fairness hearing is GRANTED. |
| 01/10/05 |
4313 |
Re:
Lela Fanning v. Wyeth (04-21487)
AND NOW TO WIT: This 10th day of January, 2005 it having been
reported that the issues between the parties have been settled with respect
to plaintiff Lela Fanning 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
Lela Fanning in the above-captioned action are DISMISSED with prejudice
and without costs as to all named Defendants. |
| 01/10/05 |
4314 |
Re:
Mona Milton v. Wyeth (04-21492)
AND NOW TO WIT: This 10th day of January, 2005 it having been
reported that the issues between the parties have been settled with respect
to plaintiff Mona Milton 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
Mona Milton in the above-captioned action are DISMISSED with prejudice and
without costs as to all named Defendants. |
|
| 01/10/05 |
4315 |
Re:
Diane Champagne v. Wyeth (04-21484)
AND NOW TO WIT: This 10th day of January, 2005 it having been
reported that the issues between the parties have been settled with respect
to plaintiff Diane Champagne 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
Diane Champagne in the above-captioned action are DISMISSED with prejudice
and without costs as to all named Defendants. |
| 01/10/05 |
4316 |
Re:
Deborah Howard and Cora Jean Farthing Administrator of the Estate of Deborah
Howard v. A.H. Robins Company, Inc., et al. (98-20039)
AND NOW TO WIT: This 10th day of January, 2005, it having been
reported that the issues between the parties in the civil action listed
above have been settled, and upon order of the Court pursuant to Rule
41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby
ORDERED that, pursuant to agreement of counsel, all claims in the above
action are DISMISSED with prejudice and without costs as to all named defendants. |
| 01/10/05 |
4317 |
Re:
Jack Shepherd & Helen Shepherd v. AHP (02-20097)
AND NOW TO WIT: this 10th day of January, 2005, it having been
reported that the plaintiffs in the listed action have not opted out of
the Nationwide Class Action Settlement Agreement with AHP and do not intend
to prosecute their action against any named defendants which have not
been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of
counsel, all claims in the above action are DISMISSED with prejudice and
without costs as to all named defendants. Notwithstanding the foregoing,
this Order shall not affect any rights to which the plaintiffs may be entitled
pursuant to the Settlement Agreement. |
| 01/10/05 |
4318 |
Re:
Vickie Brewer, Jessica Carmickle, Marilyn Moore v. AHP (98-20038)
AND NOW TO WIT: this 10th day of January, 2005, it having been
reported that the plaintiffs in the listed action have not opted out of
the Nationwide Class Action Settlement Agreement with AHP and do not intend
to prosecute their action against any named defendants which have not
been released pursuant to that Settlement Agreement, 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 the Settlement Agreement and the agreement of
counsel, all claims in the above action are DISMISSED with prejudice and
without costs as to all named defendants. |
| 01/11/05 |
4319 |
Re:
Brenda Armstrong (04-22893), James Ashley (04-22887), Doris Buckner (04-28315),
Debra Burns (04-22886), George Chatman (04-22891), Delores Chatman (04-22891),
Lynda Flippo (04-22128), Margaret Haglund (04-28308), Betty Gatzikian
(04-26777), Mary Holmes (04-28317), Twila Hooverson (04-28310), Ronald
kouri (04-26773), Betty Lewellen (04-26780), Susan McElmore (04-28312),
Rhonda McKlemurry (04-26779), Joe Rainey (04-28313), Myra Reed (04-22885),
Tina Taylor (04-22127), Patricia Turner (04-28311) & Herman Wilkins
(04-22882) v. Wyeth
AND NOW, this 11th day of January, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that:
1. The motions of plaintiffs to remand are DENIED; and
2. All claims against defendants Kara Henley and Frenchie Williamson
are DISMISSED. |
| 01/11/05 |
4320 |
Re:
Mark Mock, Estate of Arlene Savage v. Wyeth (04-26684)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)9ii), that the claims of Mark Mock, Individually and as representative
of the estate of Arlene Savage, Deceased, hereby dismisses with prejudice
this action as to defendant Wyeth, with each party to bear its own costs
and counsel fees. Notwithstanding the foregoing, this dismissal
shall be subject to the terms and conditions in the Nationwide Class Action
Settlement Agreement.
This Stipulation is filed on behalf of plaintiff Mark Mock, individually
and as representative of the estate of Arlene Savage, Deceased and defendant
Wyeth, who have appeared in the above-captioned matter. |
| 01/11/05 |
4321 |
Re:
Carrol Creech (03-20810) v. Wyeth
COMES NOW defendant/cross-plaintiff the Kroger Co. and, pursuant to Federal
Rule of Civil Procedure 41(a)(1)(ii), hereby stipulates to the dismissal
of its cross-claims against Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth-Ayerst
International, inc., Wyeth Pharmaceuticals, a division of Wyeth, Smithkline
Beecham Corporation d/b/a Glaxosmithkline, Medeva Pharmaceuticals USA, Inc.
in the above referenced action. |
| 01/11/05 |
4322 |
Re:
Shirley Boothe v. Wyeth (03-20831)
COMES NOW defendant/cross-plaintiff the Kroger Co. and, pursuant to Federal
Rule of Civil Procedure 41(a)(1)(ii), hereby stipulates to the dismissal
of its cross-claims against Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth-Ayerst
International, inc., Wyeth Pharmaceuticals, a division of Wyeth, Smithkline
Beecham Corporation d/b/a Glaxosmithkline, Medeva Pharmaceuticals and Gate
in the above referenced action. |
| 01/11/05 |
4323 |
Re:
Connie Saddler v. Wyeth (03-20662)
COMES NOW defendant/cross-plaintiff the Kroger Co. and, pursuant to Federal
Rule of Civil Procedure 41(a)(1)(ii), hereby stipulates to the dismissal
of its cross-claims against Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth-Ayerst
International, inc., Wyeth Pharmaceuticals, a division of Wyeth, Smithkline
Beecham Corporation d/b/a Glaxosmithkline, Medeva Pharmaceuticals, Fisons,
and Rugby in the above referenced action. |
| 01/11/05 |
4324 |
Re:
Janice E. Smith v. Wyeth (04-26605)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that Plaintiff Janice E. Smith=s
Complaint in the above-captioned case is hereby dismissed without prejudice
as to Defendant Wyeth, with each party to bear its own costs and counsel
fees.
Notwithstanding the foregoing, this Order shall not affect any right to
which Plaintiff Janice E. Smith may be entitled pursuant to the Nationwide
Class Action Settlement Agreement with Wyeth.
In the event that Plaintiff Janice E. Smith re-files any claim or action
arising out of the use of Pondimin or Redux, Plaintiff Janice E. Smith
shall re-file such claim or action in federal court only, and Plaintiff
Janice E. Smith shall name no new defendants.
This Stipulation is filed on behalf of Plaintiff Janice E. Smith and the
Defendant who has appeared in the above-captioned matter, being Wyeth. |
| 01/11/05 |
4325 |
Re:
Linda Griffin v. Wyeth (04-28533)
AND NOW, this 11th day of January, 2005, 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 Melissa Graham 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. |
| 01/11/05 |
4326 |
Re:
Patty Long v. AHP (03-20087)
Pursuant to Rule 41 of the Federal Rules of Civil Procedure, and this
Stipulation, the parties agree that any and all claims of plaintiff Patty
Long shall be dismissed with prejudice solely as to defendants William
Black, M.D., and IHC Health Services, Inc., dba Springville
Family
Care
Center,
each of the concerned parties to bear their own costs and fees.
|
| 01/11/05 |
4327 |
Re:
Adelita Ladesma v. Wyeth (04-26763)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that the claim of plaintiff Adelita Ledesma is hereby
dismissed without prejudice as to Defendant Wyeth, Virginia F. Riley and
Eluterio Farias, with each party to bear its own costs and counsel
fees.
Notwithstanding the foregoing, this Order shall not affect any right to
which Plaintiff Janice E. Smith may be entitled pursuant to the Nationwide
Class Action Settlement Agreement with Wyeth.
In the event that Plaintiff re-files any claim or action arising
out of the use of Pondimin or Redux, Plaintiff ll re-file such claim or
action in federal court only, and Plaintiff shall name no new defendants.
This Stipulation is filed on behalf of Plaintiff Adelita Ledesma and the
Defendant who has appeared in the above-captioned matter, being Wyeth. |
| 01/11/05 |
4328 |
Re:
Irazema Balderas v. Wyeth (04-20170)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that the claims of plaintiff Irazema Balderas hereby dismisses
with prejudice this action as to all named defendants Wyeth, AHP, Wyeth-Ayerst,
A.H. Robins, Robert Y. Fong, M.D., with each party to bear its own costs
and counsel fees. This dismissal shall be with prejudice.
Notwithstanding the foregoing, this dismissal shall be subject to the
terms and conditions in the Nationwide Class Action Settlement Agreement.
This Stipulation is filed on behalf of plaintiff Irazema Balderas and defendant
Wyeth, AHP, Wyeth-Ayerst, and A.H. Robins, who have appeared in the above-captioned
matter. |
| 01/11/05 |
4329 |
Re:
Darlene Hatcher v. Wyeth (04-20231)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that the claims of Darlene Hatcher hereby dismisses with
prejudice this action as to all named defendants Wyeth, Henry Zeitman,
M.D., Marjorie T. Rylee, and Rodney C. Murrell, with each party
to bear its own costs and counsel fees. This dismissal shall be
with prejudice. Notwithstanding the foregoing, this dismissal shall
be subject to the terms and conditions in the Nationwide Class Action
Settlement Agreement.
This Stipulation is filed on behalf of plaintiff Darlene Hatcher and defendant
Wyeth, who have appeared in the above-captioned matter. |
| 01/11/05 |
4330 |
Re:
Susan K. Anderson v. Wyeth (04-26915)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that the claims of plaintiff Susan K. Anderson hereby
dismisses without prejudice this action as to defendant Wyeth, with each
party to bear its own costs and counsel fees. This dismissal shall
be with prejudice. Notwithstanding the foregoing, this dismissal
shall be subject to the terms and conditions in the Nationwide Class Action
Settlement Agreement.
This Stipulation is filed on behalf of plaintiff Susan K. Anderson and defendant
Wyeth,who have appeared in the above-captioned matter. |
| 01/11/05 |
4331 |
Re:
Martha Green v. Wyeth (03-20234)
AND NOW, this 11th day of January, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of
Civil Procedure 41(a), that the claims of plaintiffs Beverly Smith and
Prestiss Smith 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 or record. |
| 01/11/05 |
4332 |
Re:
Annette Spaulding v. Wyeth (04-28595)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that the Complaint in the above-captioned case is hereby
dismissed with prejudice as to all named Defendants, with each party to
bear its own costs and counsel fees.
This stipulation is filed on behalf of plaintiff and all defendants who
have entered an appearance in the above-captioned matter, those being Wyeth
and AHP Subsidiary Holding Corporation. |
| 01/11/05 |
4333 |
Re:
Sharon Millsap, Stephanie Hansen, Beverly Schnuerle, and Anthony Zavala
v. Wyeth (04-22902)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that the claim of plaintiff Stephanie Hansen only 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 dismissal shall not affect any right to which Plaintiff Stephanie
Hansen may have under the Nationwide Class Action Settlement of the Litigation
against Wyeth relating to the diet drugs Pondimin and Redux.
In the event that Plaintiff re-files any claim or action arising
out of the use of Pondimin or Redux, Plaintiff ll re-file such claim or
action in federal court only, and Plaintiff shall name no new defendants.
This Stipulation complies with Rule 41(a) of the Federal Rules of Civil
Procedure and is filed on behalf of plaintiff Stephanie Hansen and all Defendants
who have appeared in the above-captioned matter, those being Wyeth, and
AHP Subsidiary Holding Corporation. |
| 01/11/05 |
4334 |
Re:
Sharon Millsap, Stephanie Hansen, Beverly Schnuerle, and Anthony Zavala
v. Wyeth (04-22902)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that the claim of plaintiff Sharon Millsap only 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 dismissal shall not affect any right to which Plaintiff Sharon
Millsap may have under the Nationwide Class Action Settlement of the Litigation
against Wyeth relating to the diet drugs Pondimin and Redux.
In the event that Plaintiff re-files any claim or action arising
out of the use of Pondimin or Redux, Plaintiff ll re-file such claim or
action in federal court only, and Plaintiff shall name no new defendants.
This Stipulation complies with Rule 41(a) of the Federal Rules of Civil
Procedure and is filed on behalf of plaintiff Sharon Millsap and all Defendants
who have appeared in the above-captioned matter, those being Wyeth, and
AHP Subsidiary Holding Corporation. |
| 01/11/05 |
4335 |
Re:
William Preis v. Wyeth (04-21502)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a)(1)(ii), that the claims in the above-captioned case are to be dismissed
with prejudice and on the merits, with each party to bear its own costs
and counsel fees.
This Stipulation is filed on behalf of plaintiff and Defendant Wyeth,
the only named defendant in this action. |
| 01/11/05 |
4336 |
Re:
Suzanne Albright v. Wyeth (04-21222)
COME NOW plaintiff in this action named below (plaintiff) as well as all
Defendants having appeared in the action, by and through counsel of record,
and hereby submit this stipulation of dismissal 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:
Estrella Matthews and Teronia Fleming
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. |
| 01/11/05 |
4337 |
Re:
Joanna Carney v. Wyeth (04-21263)
COME NOW plaintiff in this action named below (plaintiff) as well as all
Defendants having appeared in the action, by and through counsel of record,
and hereby submit this stipulation of dismissal 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:
Della R. White
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. |
| 01/11/05 |
4338 |
Re:
Janet Allen v. Wyeth (04-21220)
COME NOW plaintiff in this action named below (plaintiff) as well as all
Defendants having appeared in the action, by and through counsel of record,
and hereby submit this stipulation of dismissal 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:
Shaune M. Lowery
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. |
| 01/11/05 |
4339 |
Re:
Jack M. Dampf v. AHP (02-20005)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure
41(a)(1)(ii), that the complaint in the above-captioned case is hereby
dismissed without prejudice as to all named defendants, with each party
to bear its own costs and counsel fees.
In the event that Plaintiff re-files any claim or action arising
out of the use of Pondimin or Redux, Plaintiff shall re-file such claim
in federal court only.
This stipulation is filed on behalf of plaintiff and all defendants who
have appeared in the above-captioned matter, those being Wyeth f/k/a AHP. |
| 01/11/05 |
4340 |
Re:
Tonya Muguira v. AHP (02-20163)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure
41(a)(1)(ii), that the complaint in the above-captioned case is hereby
dismissed without prejudice as to all named defendants, with each party
to bear its own costs and counsel fees.
In the event that Plaintiff re-files any claim or action arising
out of the use of Pondimin or Redux, Plaintiff shall re-file such claim
in federal court only.
This stipulation is filed on behalf of plaintiff and all defendants who
have appeared in the above-captioned matter, those being Wyeth and AHP Subsidiary
Holding Corporation. |
| 01/11/05 |
4341 |
Re:
Michelle McBride v. Wyeth (04-21216)
COME NOW plaintiff in this action named below (plaintiff) as well as all
Defendants having appeared in the action, by and through counsel of record,
and hereby submit this stipulation of dismissal 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:
Julia A. Moore
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. |
| 01/11/05 |
4342 |
Re:
Debra Silfvast v. Wyeth (04-20163)
AND NOW, this 11th day of January, 2005,
it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rule of Civil Procedure 41(a)(1)(ii), that the Complaint in the above-captioned
case is hereby dismissed with prejudice as to all named Defendants, with
each party to bear its own costs and counsel fees.
This stipulation is filed on behalf of plaintiff and defendant Wyeth. |
|
| 01/11/05 |
4343 |
Re:
Martha Green v. Wyeth (03-20234)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
41(a) of the Federal Rules of Civil Procedure, that the claims of plaintiffs
Sherry and John Boone 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. |
| 01/11/05 |
4344 |
Re:
Gayla Nicholas v. Wyeth (04-25062)
AND NOW, this 11th day of January, 2005, 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 Gayla Nicholas
in the above-captioned case are hereby dismissed without prejudice as
to the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Gayla Nicholas,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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. |
| 01/11/05 |
4345 |
Re:
Nancy Preston v. Wyeth (04-25089)
AND NOW, this 11th day of January, 2005, 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 Nancy Preston in
the above-captioned case are hereby dismissed without prejudice as to
the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Nancy Preston,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4346 |
Re:
Eristis Poindexter (04-25091) v. Wyeth
AND NOW, this 11th day of January, 2005, 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 Eristis Poindexter
in the above-captioned case are hereby dismissed without prejudice as
to the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Eristis Poindexter,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4347 |
Re:
Becky Scott v. Wyeth (04-24033)
AND NOW, this 11th day of January, 2005, 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 Becky Scott, in
the above-captioned case are hereby dismissed without prejudice as to
the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Becky Scott,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4348 |
Re:
Kalebra Stuart v. Wyeth (04-25061)
AND NOW, this 11th day of January, 2005, 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 Kalebra Stuart,
in the above-captioned case are hereby dismissed without prejudice as
to the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Kalebra Scott,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4349 |
Re:
Jean Wilson v. Wyeth (04-25090)
AND NOW, this 11th day of January, 2005, 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 Jean Wilson, in
the above-captioned case are hereby dismissed without prejudice as to
the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Jean Wilson,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4350 |
Re:
Sharon Turner v. Wyeth (04-25087)
AND NOW, this 11th day of January, 2005, 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 Sharon Turner,
in the above-captioned case are hereby dismissed without prejudice as
to the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Sharon Turner,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4351 |
Re:
Carol Moore v. Wyeth (04-25067)
AND NOW, this 11th day of January, 2005, 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 Carol Moore, in
the above-captioned case are hereby dismissed without prejudice as to
the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Carol Moore,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4352 |
Re:
Cheryl Moore v. Wyeth (04-25072)
AND NOW, this 11th day of January, 2005, 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 Cheryl Moore,
in the above-captioned case are hereby dismissed without prejudice as
to the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Cheryl Moore,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4353 |
Re:
Melissa Dotson v. Wyeth (04-25102)
AND NOW, this 11th day of January, 2005, 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 Melissa Dotson,
in the above-captioned case are hereby dismissed without prejudice as
to the Defendant, Indevus Pharmaceuticals and Interneuron only, with each
party bo ear its own costs and counsel fees. Plaintiff Melissa Dotson,
further stipulates that she will only re-file her claims asserted against
this Defendant, if at all, in federal court.
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 |
| 01/11/05 |
4354 |
Re:
Clayton E. Hay v. Wyeth (04-206910
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
Rul 441(a)(1)9ii) that the claims of Clayton E. Hay 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 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. |
| 01/11/05 |
4355 |
Re:
Abigail Johnson, Carlene Bonner, Jeanne Cupp, Connie Hill, Mary W. McKenzie
and Jane Meyer v. Wyeth
(04-26844)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
Rul 441(a)(1)9ii) that the claims of Jeanne Cupp are hereby dismissed
with prejudice as to all named defendants.
This Stipulation is filed on behalf of Plaintiff Jeanne Cupp and Defendants
Wyeth, Inc., Wyeth Pharmaceuticals, Inc., and Wyeth-Ayerst International,
Inc. |
| 01/11/05 |
4356 |
Re:
Laura Edwards, Janice Hallman, Joni Hensley, Shelby Jones and Debora Scott
v. Wyeth (04-26845)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
Rul 441(a)(1)9ii) that the claims of plaintiff Janice Hallman are 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 Janice Hallman and Defendants
Wyeth. |
| 01/11/05 |
4357 |
Re:
Laura Edwards, Janice Hallman, Joni Hensley, Shelby Jones and Debora Scott
v. Wyeth (04-26845)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
Rul 441(a)(1)9ii) that the claims of plaintiff Debora Scott are 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 Debora Scott and Defendants
Wyeth |
| 01/11/05 |
4358 |
Re:
Linda and James Kathman and Debbie and Robert Knott v. Wyeth (04-27013)
IT IS on this 11th day of January, 2005, STIPULATED, ORDERED,
ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii),
that the Complaint filed herein in the above-captioned action is hereby
dismissed with prejudice, with each party to bear its own costs and counsel
fees.
Dismissal of this action does not extinguish or otherwise adversely affect
any rights plaintiffs may have to pursue all remedies available to them
as members of a class action against Wyeth. |
| 01/11/05 |
4359 |
Re:
Mary Tucker v. Wyeth (04-26927)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure
41(a)(1)(ii), that Plaintiff Mary Tucker hereby dismisses with prejudice
this action as to all defendants in the above-captioned matter, Wyeth,
William J. Braldey and Curtis Lamb, with each party to bear their own
costs and counsel fees. Notwithstanding the foregoing, this stipulation
and order shall be subject to Nationwide Class Action Settlement Agreement.
This Stipulation is filed on behalf of Plaintiff Mary Tucker and defendants
Wyeth and William J. Bradley, who have appeared in the above-captioned matter. |
| 01/11/05 |
4360 |
Re:
Marlene J. Smith v. Wyeth (01-20143)
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rules of Civil Procedure
41(a)(1)(ii), that the claims of plaintiff Marlene J. Smith are hereby
dismissed with prejudice as to the Defendant, with each party to bear
its own costs and counsel fees. Notwithstanding the foregoing, this
dismissal shall be subject to the terms and conditions in the Nationwide
Class Action Settlement Agreement and as agreed to in Request to revoke
opt-out form executed by plaintiff on December
2, 2002 and agreed to by
Wyeth on December
23, 2002.
This Stipulation is filed on behalf of Plaintiff Marlene J. Smith and Defendant
AHP. |
| 01/11/05 |
4361 |
Re:
Marlene Bernard v. Wyeth (02-20185)
AND NOW, this 11th day of January, 2005, 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 Dismissal is filed on behalf of plaintiff and all defendants who have
appeared in the above-captioned matter, those being AHP. |
| 01/11/05 |
4362 |
Re:
Luisa and Henry Thamas v. Wyeth (04-28569)
IT IS HEREBY STIPULATED by and between the parties to this action through
their designated counsel that the above-captioned action be and hereby is
dismissed without prejudice pursuant to FRCP 41(a)(1). |
| 01/11/05 |
4363 |
Re:
Karen D. Allen v. Wyeth (04-298360
AND NOW, this 11th day of January, 2005, it is hereby STIPULATED,
ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure
Rul 41(a)(1)9ii) that the claims of Karen D. Allen hereby dismisses without
prejudice this action as to all named defendant Wyeth, because she has
an identical action pending elsewhere, with each party to bear its own
costs and counsel fees.
This Stipulation is filed on behalf of plaintiff Karen D. Allen and defendant
Wyeth who have appeared in the above-captioned matter. |
| 01/11/05 |
4364 |
Re:
Sheila Brown v. AHP (99-20593) claimant Rosalind Robinson
And now, this 11th day of January, 2005, upon consideration of
the Stipulation between Claimant Rosalind Robinson and the AHP Settlement
Trust attached hereto, it is hereby ORDERED that the Stipulation is hereby
approved, the Order to show cause regarding claimant Rosalind Robinson is
discontinued, and Pretrial Order No. 4099, as it pertains to Claimant Rosalind
Robinson, is vacated. |
| 01/12/05 |
4365 |
Re:
Angela Martin v. Wyeth (03-20329)
It is hereby STIPULATED and AGREED by letter agreement of December 29, 2004,
attached as Exhibit A, that plaintiffs=
response
to Wyeth=s
Motion to Dismiss the Claims of Plaintiffs Originally Named in the Martin
Complaint Who Did Not Timely File Severed and Amended Complaints shall be
filed no later than January 17, 2005. |
| 01/12/05 |
4366 |
Re:
Janice McCrory v. Wyeth (03-20625)
It is hereby STIPULATED and AGREED by letter agreement of December 29, 2004,
attached as Exhibit A, that plaintiffs=
response
to Wyeth=s
Motion to Dismiss the Claims of Plaintiffs Originally Named in the McCrory
Complaint Who Did Not Timely File Severed and Amended Complaints shall be
filed no later than January 17, 2005. |
| 01/12/05 |
4367 |
Re:
Pamela Ellison v. Wyeth (04-20099)
It is hereby STIPULATED and AGREED by letter agreement of December 29, 2004,
attached as Exhibit A, that plaintiffs=
response
to Wyeth=s
Motion to Dismiss the Claims of Plaintiffs Originally Named in the Ellison
Complaint Who Did Not Timely File Severed and Amended Complaints shall be
filed no later than January 17, 2005. |
|
| 01/12/05 |
4368 |
Re:
Barbara Geisert v. Wyeth (04-20098)
It is hereby STIPULATED and AGREED by letter agreement of December 29, 2004,
attached as Exhibit A, that plaintiffs=
response
to Wyeth=s
Motion to Dismiss the Claims of Plaintiffs Originally Named in the Geisert
Complaint Who Did Not Timely File Severed and Amended Complaints shall be
filed no later than January 17, 2005. |
| 01/12/05 |
4369 |
Re:
Eileen Turner v. Wyeth (04-20097)
It is hereby STIPULATED and AGREED by letter agreement of December 29, 2004,
attached as Exhibit A, that plaintiffs=
response
to Wyeth=s
Motion to Dismiss the Claims of Plaintiffs Originally Named in the Turner
Complaint Who Did Not Timely File Severed and Amended Complaints shall be
filed no later than January 17, 2005. |
| 01/12/05 |
4370 |
Re:
Robert Shoemaker v. Wyeth (04-20094)
It is hereby STIPULATED and AGREED by letter agreement of December 29, 2004,
attached as Exhibit A, that plaintiffs=
response
to Wyeth=s
Motion to Dismiss the Claims of Plaintiffs Originally Named in the Shoemaker
Complaint Who Did Not Timely File Severed and Amended Complaints shall be
filed no later than January 17, 2005. |
| 01/12/05 |
4371 |
Re:
Lisa Phelps-Dorris v. Wyeth (04-20096)
It is hereby STIPULATED and AGREED by letter agreement of December 29, 2004,
attached as Exhibit A, that plaintiffs=
response
to Wyeth=s
Motion to Dismiss the Claims of Plaintiffs Originally Named in the Phelps-Dorris
Complaint Who Did Not Timely File Severed and Amended Complaints shall be
filed no later than January 17, 2005. |
| 01/12/05 |
4372 |
Re:
Sandra Sorrell v. Wyeth (04-20086)
It is hereby STIPULATED and AGREED by letter agreement of December 29, 2004,
attached as Exhibit A, that plaintiffs=
response
to Wyeth=s
Motion to Dismiss the Claims of Plaintiffs Originally Named in the Sorrell
Complaint Who Did Not Timely File Severed and Amended Complaints shall be
filed no later than January 17, 2005. |
| 01/12/05 |
4373 |
Re:
Darci L. Sherman v. Wyeth (04-27275)
IT IS HEREBY STIPULATED by and between the parties to the above-captioned
action, through their designated counsel of record, as follows:
1. On October
4, 2004, the parties filed a stipulation dismissing
the above action in its entirety, with prejudice, in the U.S. District
Court for the District of Oregon. A true and correct copy of said
stipulation is attached hereto as Exhibit A.
2. On October
6, 2004, the U.S. District
Court for the District of Oregon entered dismissal of the action and issued
its order of dismissal, a true and correct copy of which is attached hereto
as Exhibit B.
3. On November
1, 2004, this action was
mistakenly transferred to this Court as an active case.
4. Based on the foregoing, the parties HEREBY STIPULATE that this
action, MDL No. 1203, Civil Action No. 04-27275, should also be dismissed
as to all defendants with prejudice. |
| 01/12/05 |
4374 |
Re:
Melvin E. Aylett (04-20993), Bernadette Barron (04-26516), David L. Berry
(04-26316), Brenda N. Black (04-26514), Victoria A. Castillo (04-26439),
Robert W. Chapman (04-26475), Marjorie R. Cruey (04-26473), Eddie F. Faison
(04-26317), Brenda S. Fisher-Scott (04-26467), Diane P. Flores (04-26431),
Yvonne N. Garcia (04-26466), Irma B. Garza (04-26381), Jeanne S. Gilbert
(04-26538), Elma M. gonzalez (04-26611), Martha S. Guidry (04-26625),
Robin L. Hardwicke (04-26417), Peggy Hartnett (04-26423), Carolyn S. Hunter
(04-26340), Sheila A. Hymel (04-26472), Barbara G. Koncaba (04-26305),
Devlen G. Dravanek (04-26468), Patricia Kudlacek (04-26490), Deborah L.
Kumar-Misir (04-26480), Debra K. Legget (04-25827), Jonathan H. Leva (04-26554),
Cathy Lyall (04-26338), Cherry L. Patterson (04-26620), Norma Trevino
(04-23155), Frances E. Velasquez (04-23154) & Suzy T. Zrake (04-26374)
v. Wyeth
AND NOW, this 12th day of January, 2005, it is hereby ORDERED
that:
1. The motions of plaintiffs to remand the remaining actions are
DENIED; and
2. All defendants in the above-captioned actions except Wyeth are
DISMISSED. |
| 01/13/05 |
4375 |
Re:
Shiela Brown v. AHP (99-20593)
AND NOW, this 13th day of January, 2005, it is hereby ORDERED
that:
1. The motion of class counsel for leave to take the deposition
of Seventh Amendment Objector Debra Rhea is GRANTED;
2. Debra Rhea shall appear for her deposition upon oral examination
at a convenient location or by phone on or before January
17, 2005; and
3. Said deposition shall not exceed two hours. |
| 01/13/05 |
4376 |
Re:
Sheila Brown v. AHP (99-20593) claimants: Jennifer R. Benway, Peter
H. Berg, Gaillyn Brooks, Veda V. Evans, Gennaro Gray, Byron Lakins, Karen
A. Lewis, Donna Mamakas, Marilyn J. Oxley, Arnell Schwing & Sandra
Treadway
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 Rules for the Audit of Matrix Compensation
Claims (AAudit
Rules@),
approved in Pretrial Order No. 2807, it is hereby ORDERED that the Claimants
must show cause why the trust=s
requests for relief should not be granted.
|
| 01/13/05 |
4377 |
Re:
All Actions
It is hereby STIPULATED and AGREED that plaintiff Leslie Miller=s
response to Wyeth=s
Motion to Compel Certain Plaintiffs to Produce Disclosures Required by Pretrial
Order No. 2930 filed on December 21, 2004 shall be filed no later than January
28, 2005. |
| 01/13/05 |
4378 |
Re:
Darlene Herndon Owens v. Wyeth (04-26940)
AND NOW, this 13th day of January, 2005, it is hereby ORDERED
that:
1. The uncontested motion of plaintiff Darlene Herndon Owens for
leave to file reply is GRANTED; and
2. Plaintiff shall have 14 days from this date in which to file here
reply. |
| 01/19/05 |
4379 |
FILED
UNDER SEAL All Actions |
| 01/19/05 |
4380 |
Re:
Betty Kelley v. Wyeth (04-20165)
On this date, came on to be heard and Agreed Motion to Dismiss by Plaintiff
Betty Kelley, in person and by and through her attorney of record, and
announced to the Court that she does not desire to pursue any claims or
causes of action against Defendant Gate Pharmaceuticals, Division of Teva
Pharmaceuticals USA, Inc., and therefore plaintiff Betty Kelley requests
the court to enter an Order of Dismissal without Prejudice as to Defendant
Gate Pharmaceutical, division of Teva Pharmaceuticals USA, inc. it appearing
to the Court that such an Order of Dismissal without Prejudice should
be entered; IT IS, THEREFORE:
ORDERED, ADJUDGED and DECREED that the claims and causes of cation of
plaintiff Betty Kelley against defendant Gate Pharmaceuticals be and is
hereby dismissed without prejudice.
It is further ORDERED that by agreement of counsel court costs will be
paid by the parties incurring same.
This Order of Dismissal pertains only to the claims of Plaintiff Beth Kelley
against Defendant Gate, the claims of plaintiff against any other Defendant
other than those specifically named in this Order are not affected by this
Order and shall be determined by subsequent Order of this court. |
| 01/20/05 |
4381 |
Re:
Re: Sheila Brown v. AHP (99-20593) claimants: Lois Adams, Gilles Boisvert,
Theresa A. Collins, Christine Falbo, Sharon L. Hale, Jean Hammen, Teresa
Iadarola, Joseph Kertesz, Elizabeth V. Martin, Gail Palomarez, Joel Pritchett
& Sherri Winchell
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 Rules for the Audit of Matrix Compensation
Claims (AAudit
Rules@),
approved in Pretrial Order No. 2807, it is hereby ORDERED that the Claimants
must show cause why the trust=s
requests for relief should not be granted.
|
| 01/20/05 |
4382 |
Re:
Sheila Brown v. AHP (99-20593)
AND NO, this 20th day of January, 2005, after a hearing to
evaluate the fairness of the proposed Seventh Amendment to the Nationwide
Class Action Settlement Agreement in this Diet Drug Litigation, it is
hereby ORDERED that:
1. Any proposed findings of fact and any brief in support of the
proposed Seventh Amendment shall be filed and served on or before February
3, 2005;
2. Any proposed findings of fact and any brief in support of the
proposed seventh amendment shall be filed and served on or before February
3, 2005;
3. Any reply brief shall be filed and served on or before February
24, 2005. |
| 01/21/05 |
4384 |
Re:
All Actions
AND NOW, TO WIT, this 21st day of January, 2005, upon consideration
of the Thirty-Third Application by Special Master for Interim Compensation
and Reimbursement of Expenses relating to Pretrial Order No. 2383 (12/01/04
through 12/31/04), 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 $13,066.38 for the period
from 12/1/04 through 12/31/04, in accordance with the procedure established
by the Court. |
| 01/20/05 |
4385 |
Re:
All Actions
AND NOW, TO WIT, this 20th day of January, 2005, upon consideration
of the Fifty-Fifth Application by Escrow Agent for Interim Compensation
and Reimbursement of Expenses (12/01/04 through 12/31/04), 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 $4,231.76 for the period from (12/1/04 through
12/31/04), in accordance with the procedure established by the Court. |
| 01/20/05 |
4386 |
Re:
All Actions
AND NOW, TO WIT, this 20th day of January, 2005, upon consideration
of the Eighty-First Application by Special Discovery Master for Interim
Compensation and Reimbursement of Expenses (12/01/04 through 12/31/04),
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 $67,935.80 for the period
from 12/01/04 through 12/31/04, in accordance with the procedure established
by the court. |
| 01/20/05 |
4387 |
Re:
All Actions
AND NOW, TO WIT, this 20th day of January, 2005, upon consideration
of the Forty-Ninth Application by Special Master to the AHP Settlement Trust
for Interim Compensation and Reimbursement of Expenses (12/01/04 through
12/31/04), 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 $142,417.06
for the period from 12/1/04 through 12/31/04, in accordance with the procedure
established by the Court. |
| 01/21/05 |
4388 |
Re:
All Actions filed under seal - PMC Order |
| 01/21/05 |
4389 |
Re:
All Actions
AND NOW this 21st day of January, 2005, upon consideration
of the Joint Motion of Wyeth and the Claims Facilitating Committee Pursuant
to New Settlement Process to Approve Proposed Stay Procedure in Diet Drug
Cases, and finding that:
1. There are thousands of diet drug lawsuits arising out of plaintiffs=
pondimin and/or redux use on file in the
federal courts;
2. Counsel for certain plaintiffs, namely Jerry Alexander, Alexander
& Associates, P.C., Ellen Presby, Baron and Budd, P.C., and Wayne
Spive, Shrager, Spivey & Sachs, as members of the Claims Facilitating
Committee, have engaged in negotiations with defendant Wyeth resulting
in a proposed settlement process that has the potential to resolve thousands
of diet drug claims;
3. In order to facilitate the possible resolution of these claims,
a stay of litigation for those firms that are participating in the proposed
settlement process must issue so that the parties may avoid the time and
expense of ongoing litigation in thousands of individual lawsuits;
it
is hereby ORDERED that:
|
| 01/24/05 |
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