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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
4-13-2005 | 5000 | Re: Cynthia Acosta v. AHP (02-20143) AND NOW TO WIT: This 13th day of April, 2005, it having
been reported that the issues between the parties have been settled
with respect to plaintiff Ruby Merrick 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 Ruby Merrick in the above-captioned action are
DISMISSED with prejudice and without costs as to all named
Defendants. | 4-13-2005 | 5001 | Re: Cynthia Acosta v. AHP (02-20143) AND NOW TO WIT: This 13th day of April, 2005, it having
been reported that the issues between the parties have been settled
with respect to plaintiff Elsie Daniels 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 Elsie Daniels in the above-captioned action are
DISMISSED with prejudice and without costs as to all named
Defendants. | 4-13-2005 | 5002 | Re: Cynthia Acosta v. AHP (02-20143) AND NOW TO WIT: This 13th day of April, 2005, it having
been reported that the issues between the parties have been settled
with respect to plaintiff Barbara Boyle in the above-captioned
action, and upon Order of the Court pursuant to Rule 41.1(b) of the
Local Rules of Civil Procedure of this Court, it is hereby ORDERED that, pursuant to agreement of counsel, all claims
of plaintiff Barbara Boyle in the above-captioned action are
DISMISSED with prejudice and without costs as to all named
Defendants. | 4-13-2005 | 5003 | Re: Cynthia Acosta v. AHP (02-20143) AND NOW TO WIT: This 13th day of April, 2005, it having
been reported that the issues between the parties have been settled
with respect to plaintiff Morris Lewis 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 Morris Lewis in the above-captioned action are
DISMISSED with prejudice and without costs as to all named
Defendants. | 4-13-2005 | 5004 | Re: Cynthia Acosta v. AHP (02-20143) AND NOW TO WIT: This 13th day of April, 2005, it having
been reported that the issues between the parties have been settled
with respect to plaintiff Elizabeth Guillote 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 Elizabeth Guillote in the above-captioned action are
DISMISSED with prejudice and without costs as to all named
Defendants. | 4-13-2005 | 5005 | Re: Cynthia Acosta v. AHP (02-20143) AND NOW TO WIT: This 13th day of April, 2005, it having
been reported that the issues between the parties have been settled
with respect to plaintiff Bianca Doubleday 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 Bianca Doubleday in the above-captioned action are
DISMISSED with prejudice and without costs as to all named
Defendants. | 4-15-2005 | 5006 | Re: Alberta Roy v. Wyeth (04-26970) AND NOW, this 15th day of April, 2005, it is hereby ORDERED
that: 1. The unopposed motions of the following defendants to
dismiss the claims against them on th ground that they are
fraudulently joined are GRANTED: Merle Pounds, M.D. (Doc. #5),
Dennis Ray Sneed, M.D. (Doc. #6), Heriberto Salinas, M.D. (Doc.
#7), Terrence Lee Moore (Doc. #8), Thomas Bohnfalk (Doc. #9),
George V. Cathey (Doc. #10), Hilda Thompson (Doc. #12), Sidney Boyd
Chadwell, Jr., D.O. (Doc. #16). See Memorandum and Pretrial Order
No. 3666, Accadia, et al. v. Wyeth, et al., CIV.A. No. 03-20546
(E.D. Pa. June 29, 2004); 2. The claims against all defendants except Wyeth, Wyeth
Pharmaceuticals, and A.H. Robins Company, Inc. are DISMISSED;
and 3. The motion of defendant Arthur Hadley to withdraw as
attorney (Doc. #11) is DENIED as moot. | 4-15-2005 | 5007 | Re: Dorothy Alexander (04-26342), Karen Allen (04-21585),
Toya Allen (04-26527), Barbara Barker (04-27320), Mary Beatty
(04-26532), Bonnie Becker (04-21907), Jackqulyn bodenstedt
(04-26407), 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 Clem (04-26435), Dale Craig (04-26364), Lou Criff
(04-21583), Pamela Custer (04-21103), Jonnie Draneal (04-26635),
Barbara Deanda (04-26318), Merilyn Deane (04-26565), Lakeisheia
Dennis (04-26536), Colleen Dowden (04-26646), Gilda Dunn
(04-26562), Melody Elledge (04-26478), Margaret Falconer
(04-26440), Jennifer Fick (04-26578), Cherice Fields (04-26526),
Bonnie Freeman (04-26320), Karen Gracey (04-25830), Joanna Graham
(04-26343), Lanelle Hanagriff (04-26352), Leticia Hanks (04-26644),
Kathy Harpst (04-21588), Sheryl Herron (04-26355), Kathy Hicks
(04-26579), Barbara Holden (04-26643), Edith Johnson (04-22926),
Shellie Karm (04-21356), Victoria Keigh (04-21584), Jana Koen
(04-26597), Angela Martin (04-26348), Lynda Martin (04-26585),
Guadalupe Martinez (04-26568), Debra May (04-26807), Cheryl McCurdy
(03-20146), Joan McWilliams (04-26586), Lisa Miner (04-26323),
Ginger Morrow-Williamson (04-26390, Sandra Nickerson (04-26372),
Barbara Nini (04-26529), Sherrye Patterson (04-21906), Rhonda
Pavelka (04-23746), Jayne Payne (04-26337), Lexie Reneau
(04-26359), Sherri Rowe (04-26837), Ruby Ryan (04-21579), Kimberly
Schexnaider (04-26551), Caroline Smith (04-26614), Ruth Spence
(03-20388), Sherry Stasney (04-26641), Susan Stormer (04-26575),
Angel Turner (04-20180), Leticia Velasquez (04-26598), Clara Vice
(04-26494), Ouida Wallace (04-22929), William Willard (04-26560),
Denise Williams (04-26808), Laqueta Williams (04-26330), Bonnie
Wright (04-26347) v. Wyeth AND NOW, this 15th day of April, 2005, fo the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The motion of Wyeth to dismiss the non-diverse
defendants as fraudulently joined is GRANTED; 2. The motions of plaintiffs in the following actions to
remand are DENIED: Jackqulyn Bodenstedt v. Wyeth, Merilyn K. Deane
v. Wyeth, Sherrye Patterson v. Wyeth, Caroline M. Smith v. Wyeth,
& Ouida A. Wallace v. Wyeth; 3. The claims against all defendants in the above-captioned
actions except Wyeth are DISMISSED; and 4. The motion of defendant Bobby Marek in Rhonda K. Pavelka
v. Wyeth for summary judgment (Doc. #3) is DENIED as moot. | 4-15-2005 | 5008 | Re: Roger B. White v. Wyeth (04-25391) AND NOW, this 15th day of April, 2005, it is hereby ORDERED
that: 1. The unopposed motion of plaintiff Roger B. White "to
stay all proceedings in accordance with the Servicemembers Civil
Relief Act" is GRANTED; 2. All proceedings in the above captioned case are STAYED
until plaintiff is granted leave to return to the United States by
the United States Army; and 3. Plaintiff shall notify defendant Wyeth within 30 days of
being granted leave to return to the United States by the United
States Army. | 4-15-2005 | 5009 | Re: Mallie Vee McCullum v. Wyeth (03-20538) AND NOW, this 15th day of April, 2005, for the reasons set
forth in Pretrial Memorandum and Order No. 3592, it is hereby
ORDERED that: 1. The motion of defendants Dr. Scott Jordan, Dr. Stephen
Tramill, Dr. Dennis Simms, Dr. Harry Causey, Dr. Robert Jordan, and
Dr. John Mann to strike plaintiff’s expert and for summary judgment
(Doc. #7) is DENIED as moot; and 2. The motion of defendant John G. Downer, M.D., for
substitution of counsel (Doc. #2) is DENIED as moot. | 4-15-2005 | 5010 | Re: Robert McDonald v. Wyeth (03-20190) AND NOW, this 15th day of April, 2005, it is hereby ORDERED
that the unopposed motions of defendants Samuel Mark Allen, M.D.,
Adrian K. Goss, M.D., and Samuel Okoye to dismiss the complaint as
to them (Docs. #27 & #32) on the ground that they are
fraudulently joined are GRANTED. See Memorandum and Pretrial Order
No. 3281, French v. Wyeth. | 4-15-2005 | 5011 | Re: Cheryl Chestnut v. Wyeth (04-23161) AND NOW, this 15th day of April, 2005, it is hereby ORDERED
that: 1. The motion of defendant Benjamin Weiner, M.D., to
dismiss the complaint as to him (Doc. #5) on the ground that he is
fraudulently joined is GRANTED; and 2. The claims against all defendants in the above-captioned
action except Wyeth and Wyeth-Ayerst Laboratories are DISMISSED.
See Memorandum and Pretrial Order No. 3666, Accadia v. Wyeth. | 4-15-2005 | 5012 | Re: Doris Waldron v. Wyeth (04-26196) AND NOW, this 15th day of April, 2005, it is hereby ORDERED
that: 1. The unopposed motions of the following defendants to
dismiss the claims against them on the ground that they are
fraudulently joined are GRANTED; Frank A. Smith, III, M.D., (Doc.
#6), Richard Bechtol, M.D. (Doc. #7), David Brister, M.D. (Doc.
#8), Merle Pounds, M.D. (Doc. #9), Joseph Scott, M.D. (Doc. #10),
K.A. Kaissi, M.D. (Doc. #11). See Memorandum and Pretrial Order No.
3666, Accadia v. Wyeth. 2. The claims against all defendants except Wyeth, Wyeth
Pharmaceuticals, and A.H. Robins Company, Inc. are DISMISSED;
and 3. The motion of defendant Arthur Hadley (Doc. #5) to
withdraw as attorney is DENIED as moot. | 4-18-2005 | 5013 | Re: Sherry E. Lott v. Wyeth (04-22533) AND NOW, this 18th day of April, 2005, it is hereby ORDERED
that the motion of Wyeth for leave to depose prisoner, Sherry E.
Lott, is GRANTED. | 4-18-2005 | 5014 | Re: Brinda D. Jones v. Wyeth (03-20250) AND NOW, this 18th day of April, 2005, for the reasons set
forth herein, it is hereby ORDERED that: 1. The motion of defendant Dr. Russell Belenchia to dismiss
(Doc. #9) is GRANTED; 2. The motion of defendant David Richardson, M.D. for
substitution of counsel (Doc. #7) is DENIED as moot; 3. All defendants in the above-captioned action except
Wyeth, Wyeth Pharmaceuticals, and A.H. Robins Co., Inc., are
DISMISSED; and 4. The unopposed notice of dismissal by plaintiffs Rosetta
Anderson, Jennifer Ann Bishop, Mary Blakes, Myle Claiborne, Betty
Davis, Teresa Ann Achols, Peggy Sue Greer, Lonnie Hamlin-April,
Mary E. Johnson, Brinda D. Jones, Linda Faye King, Sandra King,
Tamara Marks, Holly Lyell McNamara, Charlotte D. Nicholson, Frednia
Perkins, Mary Ann Pierce, and Esta L. Rigdon as to defendant
Rosement Pharmaceutical Corporation (Doc. #8) is DENIED as
moot. | 4-18-2005 | 5015 | Re: Judy Anderson (04-27240), Peggy Anderson (04-27256),
Caroll Baldridge (04-26727), Laura Bradley (05-20435), Yvonne Crow
(04-26842), Shirley Deemon (04-22794), Deborah Jennings (05-20441),
Sterling Manning (04-21081), Andrea Ramos (05-20434), Joan Smith
(04-28600), & Frances Whatley (04-27271) v. Wyeth AND NOW, this 18th day of April, 2005, it is hereby ORDERED
that: 1. The motions of plaintiffs to remand in the
above-captioned actions are DENIED; 2. All defendants in the above-captioned actions except
Wyeth are DISMISSED; and 3. The motion of defendant Scott M. Bergerson in Crow v.
Wyeth to dismiss (Doc. #3) is DENIED as moot. | 4-18-2005 | 5016 | 468 cases filed by O’Quinn, Laminack v. Wyeth AND NOW, this 18th day of April, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendants is GRANTED; and 2. The claims against all defendants in the above captioned
actions except Wyeth, Wyeth Pharmaceuticals, and A.H. Robins
Company, Inc. are DISMISSED. See Memorandum and Pretrial Order No.
3666, Accadia v. Wyeth. | 4-19-2005 | 5017 | Re: Emiko Arashiro (05-20055), Delois Armstrong (05-20057),
Maria Ballinger (04-29817), Mary Barton (05-20050), Cinthia
Brookins (05-20029). <utpm Vj;sbom (05-20092), Felicia Crawford
(05-20020), Kimberly Crider (05-20050), Robert Cuellar (05-20019),
Colleen De Sandro (05-20030), Elizabeth Elias (05-20035), Toby
Feinstein (04-29647), Betty Ford (04-29757), Mary Garcia
(05-20089), Mary Gillion (05-20039), Gloria Givens (05-20082),
Nickole Gonzalez (05-20067), Sandra Gray (05-20022), Tammy Green
(05-20038), Leoti Hemming (05-20044), Sandra Johnson (05-20018),
Nancy Katris (05-20036). Jannis Keppler (05-20094), Veva Lackey
(05-20083), Patricia Larsen (05-20047), Michelle Lynch (05-20063),
Flordeliz Marsh (05-20070), Brooke Martinez (05-20081), Carmen
Mendez (05-20073), Sally Montoya (05-20082), Vicki White
(05-20032), Linda Whitfield (05-20074), Ann Wilber (04-29893),
Debbie Williams (04-29877), Theresa Wirz (05-20024), Chris Wixon
(04-29867), Sharon Wright (04-29985), & Patricia Yancy
(04-29951) v. Wyeth AND NOW, this 19th day of April, 2005, it is hereby ORDERED
that: 1. The motions of plaintiff to remand in the aboe-captioned
actions to the Superior Court of Los Angeles county, California are
DENIED; and 2. All defendants in the above-captioned actions except
Wyeth are DISMISSED. | 4-19-2005 | 5018 | Re: Lawrence H. Ludwig v. AHP (98-20601) AND NOW, this 19th day of April, 2005, it is hereby ORDERED
that: 1. The "verified petition for order permitting removal of
block on accounts of Lawrence Henry Ludwig" from Home State Bank
Account No. ----- and Centennial Bank of the West No. ----------
and "permitting withdrawal of funds because the minor has attained
the age of majority" is GRANTED; and 2. The blocks on Home State Bank Account No. ----- and
Centennial Bank of the West No. ----- are lifted and the funds
contained therein may be removed without further order of this
court. | 4-19-2005 | 5019 | STIPULATION FOR EXTENSION OF TIME TO RESPOND TO WYETH’S
FIRST OMNIBUS MOTION TO COMPEL CERTAIN PLAINTIFFS TO PRODUCE
DISCLOSURES REQUIRED BY PTO 2930 It is hereby STIPULATED and AGREED between Plaintiffs and
Wyeth, through their respective counsel, that Plaintiffs shall file
their responses to Wyeth’s Motion to Compel on or before April 21,
2005. This extension is for a period of less than 30 days. No
prior extension has been requested or given in this matter. | 4-19-2005 | 5020 | Re: Ronald Matthews v. Wyeth (03-20291) AND NOW, this 19th day of April, 2005, upon consideration
of the unopposed motion and detailed representations of counsel in
support of allowing the law firm of Lommen, Nelson, Cole &
Stageberg, P.a., and Jack C. Fruge, Jr., Esq. and Daniel M.
Homolka, P.A. to withdraw as counsel for plaintiffs Ronald and
Jessica Matthews in the above-captioned action, it is hereby
ORDERED that withdrawal is permitted, subject to the following
conditions: 1. Plaintiffs’ counsel shall send a letter to plaintiffs by
certified mail that will include the following: A. A copy of this order; B. A statement outlining to plaintiffs the importance of
their proceeding on this case with counsel familiar with the law and the procedures in Federal Court of cases
similar to this case; C. Plaintiffs’ counsels’ letter shall also provide that
plaintiffs shall have 30 days from the date of this order to secure new counsel if plaintiffs intend to proceed
with counsel in this matter; D. Plaintiffs’ counsels’ letter shall also state that the
court intends to grant plaintiffs’ present counsels’ motion to withdraw at the expiration of the 30-day period,
and the case shall proceed on its normal trial schedule whether or not plaintiffs have secured new
counsel; and E. Plaintiffs’ counsel may include any other matter that
plaintiffs’ counsel believes is pertinent in the Letters to plaintiffs; 2. Plaintiffs’ counsel shall file with the Clerk of Court
within 10 days of the date of this order a certificate that both
evidences that plaintiffs’ counsel has complied with all of the
foregoing requirements of this order and states the plaintiffs’
last known addresses; and 3. 30 days from the date of this order, provided all the
foregoing steps have been completed by plaintiffs’ counsel,
plaintiffs’ counsel shall be deemed to be released from further
responsibility to the court as counsel for plaintiffs in this civil
action. | 4-20-2005 | 5021 | Re: Vivian William v. Wyeth (03-20202) AND NOW, this 20th day of April, 2005, for the reasons set
forth herein, it is hereby ORDERED that: 1. The motion of defendant James Riser, M.D. to dismiss
(Doc. #7) is GRANTED; 2. The motion of defendant Edsel Stewart, M.D., for leave
of court to file memorandum of authorities in support of motion to
dismiss and reply to plaintiffs’ motion to strike (Doc. #8) is
GRANTED; 3. The motion of defendant Edsel Stewart, M.D. to dismiss
(Doc. #32) is GRANTED; 4. The motion of plaintiffs to strike Edsel Stewart, M.D.’s
motion to dismiss (Doc. #6) is DENIED as moot; 5. All defendants in the above-captioned action except
Wyeth, Wyeth Pharmaceuticals, and A.H. Robins Company, Inc. are
DISMISSED; and 6. The motion of defendant Amide Pharmaceuticals, Inc. to
substitute individual counsel (Doc. #34) os DENIED as moot. | 4-20-2005 | 5022 | Re: Cheryl McCurdy v. Wyeth (03-20146) AND NOW, this 20th day of April, 2005, for the reasons set
forth in Memorandum and Pretrial Order No. 5007 (E.D. Pa. April 18,
2005), it is hereby ORDERED that the motion of Wyeth to dismiss the
complaint as to defendant David Pampe, M.D. (Doc. #14) on the
ground that he is fraudulently joined is DENIED as moot. | 4-20-2005 | 5023 | Re: Azure Dodson v. Wyeth (04-21537) AND NOW, this 20th day of April, 2005, it is hereby ORDERED
that: 1. The motion of plaintiffs to remand is DENIED as moot for
the reason that the United States District Court for the Western
District of Texas has previously ruled on this motion. See Dodson,
et al. v. Wyeth, et al., No. MO-03-CA-146-H (W.D. Tex. Dec. 11,
2003); and 2. The claims against all defendants except Wyeth in the
above-captioned action are DISMISSED. | 4-20-2005 | 5024 | Re: All Actions FILED UNDER SEAL AND NOW, April 20, 2005, upon consideration of PMC’s Motion
for Release and Use of Funds form the MDL 1203 Fee and Cost
Account, established by Gregory Miller, Esquire, Escrow Agent, it
is hereby ORDERED and DECREED that said Motion is GRANTED and
Gregory Miller, Esquire, is directed to make payment on invoices
totaling 100,875.42 to the PMC Fen-Phen Litigation Account, by wire
transfer. | 4-20-2005 | 5025 | Re: Mary Dianne Morrison and Tom Morrison v. Wyeth
(03-20168) On this day came on to be heard the Motion to Dismiss of
the Plaintiffs Mary Dianne and Tom Morrison, by and through their
attorney of record, Bill Ogletree, for dismissal of Plaintiffs’
cause of action with prejudice as against the Defendants Wyeth
f/k/a AHP; Wyeth Pharmaceuticals f/k/a Wyeth-Ayerst Laboratories, a
Division of Wyeth, the Court, after considering the Motion, is of
the opinion that same should be granted. It is , therefore, ORDERED, ADJUDGED AND DECREED that the cause of action of
Plaintiffs, Mary Dianne and Tom Morrison, by and through their
attorney of record, Bill Ogletree, for dismissal of Plaintiffs’
cause of action with prejudice as against the Defendants Wyeth
f/k/a AHP Corporation; Wyeth Pharmaceuticals f/k/a Wyeth-Ayerst
Laboratories, a Division of Wyeth, be and is hereby dismissed with
prejudice to the rights of Plaintiff to reinstate or litigate any
claim, demand or cause of action asserted, or which could have been
asserted herein. It is further ORDERED, ADJUDGED AND DECREED that each party
is to bear their own costs. | 4-20-2005 | 5026 | Re: Cathy McCarty v. Wyeth (03-20306) AND NOW, this 20th day of April, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The motion of defendant Paul N. Selvadurai, M.D. to
dismiss (Doc. #2) is GRANTED; 2. All claims against defendant Paul N. Selvadurai, M.D.
are dismissed; and 3. The motion of defendant Paul N. Selvaduari, M.D. for
summary judgment (Doc. #7) is DENIED as moot. | 4-20-2005 | 5027 | Re: All Actions AND NOW, TO WIT, this 20th day of April, 2005, upon
consideration of the Fifty-Eighth Application by Escrow Agent for
Interim Compensation and Reimbursement of Expenses (03/01/05
through 03/31/05), 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 in the amount of
$2,092.47 for the period from 03/01/05 through 03/31/05), in
accordance with the procedure established by the Court. | 4-20-2005 | 5028 | Re: All Actions AND NOW, TO WIT, this 20th day of April, 2005, upon
consideration of the Eighty-Fourth Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expenses
(03/01/05 through 03/31/05), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that the parties
reimburse the Special Discovery Master for disbursements in the
amount of $125,976.73 for the period from 03/01/05 through
03/31/05, in accordance with the procedure established by the
court. | 4-20-2005 | 5029 | Re: All Actions AND NOW, TO WIT, this 20th day of April, 2005, upon
consideration of the Thirty-Sixth Application by Special Master for
interim compensation and reimbursement of expenses relating to
Pretrial Order No. 2383 (03/01/05 through 03/31/05), 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 $6442.98, in
accordance with the procedure established by the Court. | 4-20-2005 | 5030 | Re: All Actions AND NOW, TO WIT, this 20th day of April, 2005, upon
consideration of the Fifty-Second application by Special Master to
the AHP Settlement Trust for Interim compensation and Reimbursement
of Expenses (03/02/01/05 through 03/31/05), 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 $152,530.12 in
accordance with the procedure established by the Court. | 4-21-2005 | 5031 | Re: Sheila Bworn v. AHP (99-20593) AND NOW, this 21st day of April, 2005, upon consideration
of class counsel’s motion on behalf of Fund Administrator pursuant
to Section VI.E.4 of the Seventh Amendment for Court Approval of
Authorization Application for Purchase of Insurance, said
Authorization Application is GRANTED AND APPROVED. If is FURTHER
ORDERED THAT PNC Bank, N.A., the "Escrow Agent" for the Seventh
Amendment to the Nationwide Class Action Settlement Agreement with
AHP, shall release funds held in escrow pursuant to the terms of
the Seventh Amendment for the payment of the premium for the
purchase of the insurance in the amount of $249,750.00. It is
further ORDERED that the Fund Administrator is relieved of the
obligation imposed upon it by the terms of the Seventh Amendment to
procure insurance for PNC Bank, N.A. in its capacity as the Escrow
Agent. The Court hereby APPROVES the procurement of insurance to
cover the claims proceeding and administration activities of the
fund administrator, the MRCC and the Participating
Physicians. | 4-21-2005 | 5032 | Re: Trina Waters v. Wyeth (03-20323) AN D NOW, this 21st day of April, 2005, for the reasons set
forth in Memorandum and Pretrial Order No. 3305, it is hereby
Ordered that: 1. The motion of the United States to amend the
above-captioned action to substitute the United States as the
proper party is DENIED as moot; and 2. The motion of the United States to Dismiss (Doc. #4) is
DENIED as moot. | 4-21-2005 | 5033 | Re: Sheila Brown v. AHP (99-20593) AND NOW, TO WIT, this 21st day of April, 2005, the court
having received no objections pursuant to Pretrial Order 4193,
dated December 3, 2004, IT IS ORDERED that: 1. Helen Bravermand, Hon. John L. Braxton, 3. Norma B.
Carter, 4. Joseph G. DeREspino, 5. Joseph M. Donley, 6. Nancy J.
Gellman, 7. Susan K. Herschel 8. Byron R. LaVan, 9. Gregroy H.
Mathews are hereby appointed as mediators for the purpose of
conducting mediations under the Eight Amendment to the Nationwide
Class Action Settlement with AHP. | 4-21-2005 | 5034 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 21st day of April, 2005, it is hereby ORDERED
that the "motion by plaintiffs’ co-lead counsel for a scheduling
conference concerning the future award of common benefit fees"
(Doc. No. 207830) is GRANTED. The court will advise all parties of
the date on which this conference will be scheduled. | 4-25-2005 | 5035 | Re: Robert Wimpie v. Wyeth (04-22233) Plaintiff Robert Wimpie 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 Robert Wimpie and
Defendant Wyeth stipulate to the dismissal with prejudice of
Plaintiff Robert Wimpie’s claims as to Defendant Wyeth. 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. | 4-25-2005 | 5036 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 25th day of April, 2005, it is hereby ORDERED
that: 1. The motion of Wyeth to supplement existing orders
concerning medical records collection in MDL cases (Doc. No.
207513) is GRANTED in part and DENIED in part; 2. The medical authorization form approved in PTO No. 2930
is modified prospectively to exclude only "psychotherapy notes"
from the scope of production and is so modified retroactively on an
as-needed basis only; and 3. The motion of Wyeth to supplement existing orders
concerning medical records collection in MDL cases is otherwise
DENIED. | 4-25-2005 | 5037 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 25th day of April, 2005, it is hereby ORDERED
that the motion of plaintiffs represented by Fleming &
Associates, LLP to enforce PTO Nos. 21 and 22 (Doc. No. 207452) is
DENIED. | 4-25-2005 | 5038 | Re: Emily Sommerville v. Wyeth (04-27058) Plaintiff in the above-referenced case and Defendant Wyeth,
through their respective counsel, enter into this Stipulation with
respect to the following facts: 1. In the interest of judicial economy and to facilitate
the expeditious trial of the controlling issues in this matter, it
is appropriate to dismiss THOMAS L. RILEY, M.D. 2. Therefore, it is agreed between Plaintiff and Wyeth that
THOMAS L. RILEY, M.D. may be dismissed at this time. AND NOW, this 25th day of April, 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
Thomas L. Riley, M.D. only. This Stipulation is filed on behalf of Plaintiff, Emily
Sommerville, Defendant Wyeth and Defendant Thomas L. Riley, M.D.,
the only defendants who have appeared in this action to date. | 4-25-2005 | 5039 | Re: Norma Ramirez v. Wyeth (04-29966) Plaintiff in the above-referenced case and Defendant Wyeth,
through their respective counsel, enter into this Stipulation with
respect to the following facts: 1. In the interest of judicial economy and to facilitate
the expeditious trial of the controlling issues in this matter, it
is appropriate to dismiss THOMAS L. RILEY, M.D. 2. Therefore, it is agreed between Plaintiff and Wyeth that
THOMAS L. RILEY, M.D. may be dismissed at this time. AND NOW, this 25th day of April, 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
Thomas L. Riley, M.D. only. This Stipulation is filed on behalf of Plaintiff, Norma
Ramirez, Defendant Wyeth and Defendant Thomas L. Riley, M.D., the
only defendants who have appeared in this action to date. | 4-25-2005 | 5040 | Re: Beverly S. Corbin v. Wyeth (04-20926) AND NOW, this 25th day of April, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)91)(ii), that the claims of Plaintiff
Beverly S. Corbin in the above-captioned case are hereby dismissed
without prejudice as to all named Defendants, with each party to
bear its own costs. 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 shall name re-files any claim
or action arising out of the use of Pondimin or Rdux, plaintiff
shall re-file such claim or action in federal court only, and
plaintiff no new defendants. | 4-25-2005 | 5041 | Re: Amanda Hencke v. Wyeth (04-20919) AND NOW, this 25th day of April, 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
Amanda Hencke in the above-captioned case are hereby dismissed
without prejudice as to all named Defendants, with each party to
bear its own costs. 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 shall name 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, and
plaintiff no new defendants. | 4-25-2005 | 5042 | Re: Bettie W. Noah v. Wyeth (03-20199) AND NOW, this 25th day of April, 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 plaintiffs
Sarah Clark Ray and Mickey Ray 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. | 4-25-2005 | 5043 | Re: Regina Jones McMullen v. Wyeth (03-20235) AND NOW, this 25th day of April, 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
Robert Cochran in the above-captioned matter are hereby dismissed
with prejudice as to all named defendants, with each party to bear
its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 4-25-2005 | 5044 | Re: Saundra K. Anderson (Yolanda B. Steinberg) v. Wyeth
(04-29834) AND NOW, this 25th day of April, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Rule
41(a)(1)(ii) of the Federal Rules of Civil Procedure that the
claims of Yolanda B. Steinberg 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 dismissal shall be subject to the terms and
conditions of the Nationwide Class Action Settlement
Agreement. This stipulation is filed on behalf of plaintiff Yolanda B.
Steinberg and defendant Wyeth who have appeared in the
above-captioned matter. | 4-25-2005 | 5045 | Re: Sandy Altenbaumer, Imaene Beck, Peggy Bray, Janell
Burns, Helen Byers, Harold Harrison, Joe Ward, and Annette Zachery
v. Wyeth (04-21433) AND NOW, this 25th day of April, 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
Janelle Burns 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. | 4-25-2005 | 5046 | Re: Kathy Barba, Michelle Bittle, Valerie Casper, Patricia
Crow, Genie Harness, Joye Hendrix, and Betty Ward v. Wyeth
(04-22989) AND NOW, this 25th day of April, 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 plaintiffs
Valerie Casper and Joyce Hendrix 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. | 4-25-2005 | 5047 | Re: Judy Davis, Barbara Hogue, Janice Hughes, Carolyn
Miller, Crystal Michelle Richardson, Sue Ward, Beverly Wright, Cora
Wright and Beth Yocom v. Wyeth (04-21672) AND NOW, this 25th day of April, 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 plaintiffs
Judy Davis, Barbara Hogue, and Jancie 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 stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 4-25-2005 | 5048 | Re: Betty Carol Bentley v. Wyeth (03-20187) AND NOW, this 25th day of April, 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
Sarah Clark Ray in the above-captioned case are hereby dismissed
without prejudice as to all named defendants, with each party to
bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 4-25-2005 | 5049 | Re: Nicole Davis, et al. v. Wyeth (04-25842) AND NOW, this 25th day of April, 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
Barbara Lawrence 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. | 4-25-2005 | 5050 | Re: Lisa Sabbatini, et al v. Wyeth (04-28534) AND NOW, this 25th day of April, 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
Brenda Compton Stokes 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. | 4-25-2005 | 5051 | Re: Mary N. Yates v. Wyeth (04-22243) Plaintiff Mary N. Yates advises the Court that she wishes
to dismiss her 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 Mary N. Yates and
Defendant Wyeth stipulate to the dismissal with prejudice of
Plaintiff Mary N. Yates’ claims as to Defendant Wyeth. 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. | 4-25-2005 | 5052 | Re: Eloise and William Evans v. Wyeth (04-29433) AND NOW, this 25th day of April, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Rule
41(a)(1)(ii) of the Federal Rules of Civil Procedure 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 Plaintiffs and all
Defendants who have appeared in the above-captioned matter, those
being Wyeth Company, Wyeth Pharmaceuticals and Karlin
Billings. | 4-25-2005 | 5053 | Re: Patricia Deasy v. Wyeth (04-20814) AND NOW, this 25th day of April, 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
Patricia Deasey 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. 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 shall name 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, and
plaintiff no new defendants. | 4-25-2005 | 5054 | Re: Mary Anne Draney (02-20249), Shaunee Davis (02-20199),
Cynthia D. Montague (02-20197) & Pamela Riding (02-20202) v.
Wyeth AND NOW, this 25th day of April, 2005, upon consideration
of this Joint Motion to Vacate in Part Suggestion of Remand Order
No. 18, it is hereby ORDERED that said motion is GRANTED for the
reasons set forth therein. The Suggestion of Remand Order No. 18 is
hereby vacated insofar as it applies to the above-captioned cases
of plaintiffs Mary Anne Draney, Shaunee Davis, Cynthia D. Montague,
and Pamela Riding. | 4-25-2005 | 5055 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 25th day of April, 2005, it is hereby ORDERED
that the motion of Wyeth for a fair allocation of medical record
collection costs (Doc. No. 207684) is DENIED. | 4-25-2005 | 5056 | Re: Margaret Falconer (04-26440) & Edith Johnson
(04-22926) v. Wyeth AND NOW, this 25th day of April, 2005, for the reasons set
forth in Pretrial Order No. 5007, the motions of plaintiffs to
remand in the above-captioned actions are DENIED as moot. | 4-25-2005 | 5057 | Re: Bonnie Hart v. Wyeth (05-20457) AND NOW, this 25th day of April, 2005, 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. 05-20457, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5058 | Re: Barbara Scott v. Wyeth (05-20136) AND NOW, this 25th day of April, 2005, 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. 05-20136, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5059 | Re: Cynthia A. Loera v. Wyeth (04-26809) AND NOW, this 25th day of April, 2005, 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. 04-26809, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5060 | Re: Carlynn R. Priestley v. Wyeth (04-20992) AND NOW, this 25th day of April, 2005, 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. 04-20992, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5061 | Re: Diana Adkins v. Wyeth (05-20454) AND NOW, this 25th day of April, 2005, 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. 05-20454, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5062 | Re: Dp;pres Baccus v. Wyeth (05-20475) AND NOW, this 25th day of April, 2005, 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. 05-20475, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5063 | Re: Diane Miles v. Wyeth (05-20325) AND NOW, this 25th day of April, 2005, 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. 05-20325, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5064 | Re: Dale Turner v. Wyeth (05-20463) AND NOW, this 25th day of April, 2005, 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. 05-20463, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5065 | Re: Eulen Lang v. Wyeth (03-20609) AND NOW, this 25th day of April, 2005, for the reasons set
forth in the accompanying memorandum, it is hereby ORDERED
that: 1. Pursuant to Rule 21 of the Federal Rules of Civil
Procedure, the above-captioned action shall be severed into
separate civil actions; 2. Each plaintiff and his or her derivative claimants shall
submit for filing a Severed and Amended Complaint no later than 60
days of the date of this order and in accordance with paragraphs 7,
8, 10, and 12 of PTO No. 3370; 3. The clerk of court shall assign a separate civil action
number, which shall be related to civil action no. 03-20609, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5066 | Re: Helen Mitchell v. Wyeth (05-20245) AND NOW, this 25th day of April, 2005, 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. 05-20245, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5067 | Re: Kimberly D. Pomilla v. Wyeth (04-26584) AND NOW, this 25th day of April, 2005, 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. 04-26584, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5068 | Re: Lorene E. Copeland v. Wyeth (04-26469) AND NOW, this 25th day of April, 2005, 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. 04-26469, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5069 | Re: Linda J. Falkner v. Wyeth (05-20407) AND NOW, this 25th day of April, 2005, 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. 05-20407, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5070 | Re: Leone M. Nelson v. Wyeth (04-21893) AND NOW, this 25th day of April, 2005, 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. 04-21893, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5071 | Re: Margaret Cultice v. Wyeth (05-20458) AND NOW, this 25th day of April, 2005, 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. 05-20458, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5072 | Re: Melissa Houston v. Wyeth (05-20226) AND NOW, this 25th day of April, 2005, 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. 05-20226, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5073 | Re: Mallie Vee McCullum v. Wyeth (03-20538) AND NOW, this 25th day of April, 2005, for the reasons set
forth in the accompanying memorandum, it is hereby ORDERED
that: 1. Pursuant to Rule 21 of the Federal Rules of Civil
Procedure, the above-captioned action shall be severed into
separate civil actions; 2. Each plaintiff and his or her derivative claimants shall
submit for filing a Severed and Amended Complaint no later than 60
days of the date of this order and in accordance with paragraphs 7,
8, 10, and 12 of PTO No. 3370; 3. The clerk of court shall assign a separate civil action
number, which shall be related to civil action no. 03-20538, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5074 | Re: Margaret Jane Williams v. Wyeth (05-20235) AND NOW, this 25th day of April, 2005, 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. 05-20235, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5075 | Re: Nelda S. Condra v. Wyeth (04-26648) AND NOW, this 25th day of April, 2005, 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. 04-26648, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5076 | Re: Nancy Cronquist v. Wyeth (05-20465) AND NOW, this 25th day of April, 2005, 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. 05-20465, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5077 | Re: Patricia Burnett v. Wyeth (05-20238) AND NOW, this 25th day of April, 2005, 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. 05-20238, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5078 | Re: Sandra Cody v. Wyeth (05-20459) AND NOW, this 25th day of April, 2005, 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. 05-20459, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5079 | Re: Stephanie Roane v. Wyeth (05-20201) AND NOW, this 25th day of April, 2005, 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. 05-20201, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5080 | Re: Wendy C. Manning v. Wyeth (04-26725) AND NOW, this 25th day of April, 2005, 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. 04-26725, for
each severed and amended complaint filed pursuant to this
order; 4. A filing fee in the amount of $250.00 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. | 4-25-2005 | 5081 | Re: Henry Lou Lollar v. Wyeth (04-28549) AND NOW, this 25th day of April, 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
Sandra Mustin 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. | 4-25-2005 | 5082 | Re: Naomi Backes (04-20477), Patricia Sue Bishop
(03-20462), Norma J. Burman (03-20470), Carolyn Carmona (04-20549),
Jerry Leona Cook (04-20239), Diane L. Craft (04-20865), Melony
Dervin (03-20480), Linda Doyle (03-20608), Zola May Dunn
(03-20605), Joyce Gulley (03-20606), Phyllis L. Harris (04-21390),
Eileen Harvie (03-20522), Barbara Hawkins (04-20792), Mary Lou
Hernandez (03-20530), Dolores Hinojosa (03-20512), Frances Jackson
(04-21049), Robert Johnson (04-21379), Eddie Lagway (04-20624),
Joyce Lessing (03-20520), Annie Lexie (04-20318), Joyce Love
(04-20912), Maria Mayhew (03-20607), Carolyn McDuff (04-20486),
Lynda Menier-Webb (04-20317), Patricia Moon-wily (04-20563),
Patricia Philpot (04-20849), Delores Randle (04-20807), Jeanette
Richard (04-20316), Annette Robberson (04-20893), Nancy Kay Rogers
(04-20890), Deanna Rollings (03-20467), Gloria Salazar (04-20313),
Gail Sampley (04-20355), Alberta Shears (04-20900), Rudolph Smith
(03-20440), Wanda Sotello (03-20465), Janis Thibodeaux (04-20552),
Angelita Nava Thompson (03-20481), Hyrice Tomlin (04-20883), Mary
Kay Wallace (04-20265), Brenda Walters (04-20480), Robyn Washington
(03-20351), Sharon White (04-20831) & Dana L. Wood (04-20848)
v. Wyeth AND NOW, this 25th day of April, 2005, for the reasons set
forth in PTO No. 5016 and Memorandum and PTO No. 3666, it is hereby
ORDERED that: 1. The motion of defendant Kendra J. Belfi in Backes to
dismiss is DENIED as moot; 2. The motion of defendant Theodore F. Botkin in Bishop to
dismiss is DENIED as moot; 3. The motions of defendant Homero Rodriquez-Juarez to
dismiss in the following actions are DENIED as moot: Burman,
Dervin, Harvie, Hinojosa, and Rollings; 4. The motions of defendant Jay C. Proctor to dismiss in
the following actions are DENIED as moot: Carmona, Salazar and
Sampley; 5. The motions of defendant Benjamin Weiner to dismiss in
the following actions are DENIED as moot; Cook, and Harris; 6. The motion of defendant Merle Pounds in Craft to dismiss
is DENIED as moot; 7. The motion of defendant Dr. Debra Williams in Doyle to
dismiss is DENIED as moot; 8. The motion of defendant Dr. V. Koli in Gulley to dismiss
is DENIED as moot; 9. The motion of defendant Dr. Marlene Sanchez in Dunn to
dismiss is DENIED as moot; 10. The motion of defendant Dr. Richard Zimmerman in
Hawkins to dismiss is DENIED as moot; 11. The motion of defendant Robert Hillard, M.D. in
Hernandez to dismiss is DENIED as moot; 12. The motion of defendant Kenneth C. Killen in Jacksonto
dismiss is DENIED as moot; 13. The motion of defendant Bruce Edward Barnum, M.D. in
Johnson to dismiss is DENIED as moot; 14. The motion of defendant Dr. Larry A. Richardson in
Lagway to dismiss is DENIED as moot; 15. The motions of defendant Dr. Belinda Padilla to dismiss
the following actions are DENIED as moot: Lessing and
Sotello; 16. The motions of defendant Dr. Harvey Randolph to dismiss
in the following actions are DENIED as moot: Lexie, Menier-Webb and
Richcard; 17. The motion of defendant Dr. Brian J. Caplin in love to
dismiss is DENIED as moot; 18. The motion of defendant Dr. Larry Baros in Mayhew to
dismiss is DENIED as moot; 19. The motion of defendant Carlton Clarke in McDuff is
DENIED as moot; 20. The motion of defendant William R. Boone, M.D. in
Moon-Wily to dismiss is DENIED as moot; 21. The motion of defendant Dr. John Woodard in Philpot to
dismiss is DENIED as moot; 22. The motion of defendant Helmatha Ravi Tyer in Randle to
dismiss is DENIED as moot; 23. The motion of defendant Edward W. Guinn, M.D. in
Robberson to dismiss is DENIED as moot; 24. The motion of defendant Dr. Mary F. Stone in Rogers to
dismiss is DENIED as moot; 25. The motion of defendant Peter Damico, M.D. in Shears to
dismiss is DENIED as moot; 26. The motion of defendant Dr. Manuel Quinones in Smith is
DENIED as moot; 27. The motion of defendant Daleo Pharmacy in Thibodeaux to
dismiss is DENIED as moot; 28. The motion of defendant T.F. Botkin, M.D. in Thompson
to dismiss is DENIED as moot; 29. The motion of defendant Loraine Nadine Yeoham in Tomlin
to dismiss is DENIED as moot; 30. The motion of defendant O.T. Smith, M.D. in Wallace to
withdraw as counsel is DENIED as moot; 31. The motion of defendant Dr. Arthur Hadley in Walters to
dismiss is DENIED as moot; 32. The motion of defendant Dr. Steven Douglass Fillman in
Washington to dismiss is DENIED as moot; 33. The motion of defendant Dr. H. Thomas Willard in White
to dismiss is DENIED as moot; 34. The motion of defendant Robert Shaw, M.D. in Wood to
dismiss is DENIED as moot. | 4-25-2005 | 5083 | Re: Tami Abernathy (04-27092, Jessica Beloney (04-26698),
Connie Best (04-26819), Mary Clayton (04-27093), Glenda Coffman
(04-27097), Shirley Cormier (04-20331), Lynn Crane (04-26818), Eva
L. Davis (03-20594), Reina Davis (04-20371), Judy Deshong
(04-20004), Sandra J. Dye (03-20635), Summer Fowler (04-23145),
Ouida Garrett (04-20613), Mark Gill (03-20553), Regihna Grizzle
(04-27096), Julia Jacks (04-26749), Debra Kollman (04-20401), Tona
Lawhorn (04-27095), Carla Light (03-20067), Maryann McBrayer
(03-20534), Vicki L. McBride (03-20591), Andrea Odom (04-26764),
Daniel Raszler (04-26816), Gail Roork (04-26913), Eldifonsa Soliz
(04-27321), Lawrence Thompson (04-20663), Margaret Tipping
(04-20199), Nelda F. Willey (04-27268) & Joann Wycoff
(04-28607) v. Wyeth AND NOW, this 25th day of April, 2005, it is hereby ORDERED
that: 1. The motions of plaintiffs to remand are DENIED; 2. The motion of defendant pharmacies to dismiss the
fraudulently joined defendants is GRANTED; 3. The claims against all defendants in the above-captioned
actions except Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth
Pharmaceuticals, Wyeth-Ayerst International, Inc., A.H. Robins
Company, Inc., and Indevus Pharmaceuticals, Inc. are
DISMISSED; 4. The motion of defendant Dr. Thomas Bohmfalk in Davis to
transfer venue is DENIED as moot; 5. The motion of defendant Community Pharmacy in Davis for
leave to file a motion to dismiss is DENIED as moot; 6. The motion of defendant Walter L. Geyer, M.D. in Davis
to dismiss is DENIED as moot; 7. The motion of defendant James R. Cole, M.D. in Davis to
dismiss is DENIED as moot; 8. The motion of plaintiffs in Soliz to reconsider the
transferor’s court’s timeliness ruling is DENIED as moot. | 4-25-2005 | 5084 | Re: Doris V. Waldron (Shirley Burnsed) v. Wyeth
(04-26196) AND NOW, this 25th day of April, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Shirley Bursed,
one of the plaintiffs in the above-captioned multi-plaintiff case
are hereby dismissed without prejudice as to Defendant Dr. Ricahrd
Bechtol 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. | 4-25-2005 | 5085 | Re: Doris V. Waldron (Patsy Hagemann) v. Wyeth
(04-26196) AND NOW, this 25th day of April, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Patsy Hagemann,
one of the plaintiffs in the above-captioned multi-plaintiff case
are hereby dismissed without prejudice as to all named defendants,
with each party to bear its own costs and counsel fees. Nothing in this Order shall effect the claims and causes of
action of plaintiff against any other defendant in this
matter. 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, and plaintiff
shall name no new defendants. 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. | 4-26-2005 | 5086 | Re: Sheila Brown v. AHP (99-20593) Claimant David P.
Armstrong IT IS HEREBY STIPULATED AND AGREED, by and between pro se
claimant David P. Armstrong, Wyeth, Class Counsel and the AHP
Settlement Trust (the "Trust"): 1. Claimant David P. Armstrong shall withdraw his Motion to
Grant an Exemption from the Stay (Docket No. 1887). 2. Relief from the stay provisions of PTO 4467 1(b) is
hereby granted permitting the Trust to process and pay David P.
Armstrong’s Cash and Additional Medical Services benefit claim,
upon approval by the Court of this stipulation. | 4-26-2005 | 5087 | Re: Faith Adams v. Wyeth (04-29520) AND NOW, this 26th day of April, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that the
motion of plaintiff to remand is DENIED. | 4-26-2005 | 5088 | Re: Paula K. Hundley v. Wyeth (04-20567) AND NOW, this 26th day of April, 2005, for the reasons set
forth in Memorandum and Pretrial Order No. 4167, it is hereby
ORDERED that the motion of defendant Norman F. Clothier, M.D. to
dismiss is DENIED as moot. | 4-26-2005 | 5089 | Re: Yvette M. Cotton v. Wyeth (04-21371) AND NOW, this 26th day of April, 2005, for the reasons set
forth in Pretrial Order No. 3866, it is hereby ORDERED that the
motion of defendant Dr. John Purcell Reeves to dismiss is DENIED as
moot. | 4-26-2005 | 5090 | Re: Marie Joiner v. Wyeth (03-20394) AND NOW, this 26th day of April, 2005, it is hereby ORDERED
that: 1. The motion of defendant Ted T. Pridmore, M.D. to dismiss
the complaint as to him on the ground that he is fraudulently
joined is GRANTED; and 2. The claims against all defendants in the above-captioned
action except Wyeth and Wyeth-Ayerst Pharmaceuticals, Inc.,
Wyeth-Ayerst International, Inc., and Wyeth Pharmaceuticals, Inc.
are DISMISSED. See Pretrial Order nO. 3666. | 4-26-2005 | 5091 | Re: Mary Jane Vallesteros v. Wyeth (03-20377) AND NOW, this 26th day of April, 2005, it is hereby ORDERED
that the motion of defendant Walter Geyer, 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. | 4-26-2005 | 5092 | Re: Carol Cantrell v. Wyeth (04-20003) AND NOW, this 26th day of April, 2005, it is hereby ORDERED
that: 1. The motion of defendant Stella Kwong, M.D. for summary
judgment is DENIED as moot. See Pretrial Order No. 4002. 2. The motion of defendant Robert G. Maul, Sr., D.O. to
dismiss the complaint as to him on the ground that he is
fraudulently joined is GRANTED. 3. The motion of defendant Gene Earl, M.D. to dismiss the
complaint as to him on the ground that he is fraudulently joined is
GRANTED; and 4. The claims against all defendants in the above-captioned
action except Wyeth are DISMISSED. See Memorandum and Pretrial
Order No. 3666. | 4-27-2005 | 5093 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 27th day of April 2005, the court having
reviewed the attached procedures for the Eighth Amendment Mediation
Program ("Mediation Procedures"), and being satisfied that the
Mediation Procedures address o the satisfaction of the parties all
comments filed with the court, it is hereby ORDERED that the
Mediation Procedures are approved. | 4-27-2005 | 5094 | Re: Carol Martinez v. Wyeth (04-20892) AND NOW, this 27th day of April, 2005, for the reasons set
forth in PTO No. 4590, it is hereby ORDERED that the motion of
defendant Hriishi K. Maewal to dismiss is DENIED as moot. | 4-27-2005 | 5095 | Re: Sharon Alcee, Josephine Aldridge, theresa Allen, Bettye
Bowerman, Pearlene Brackett, Joann Breneck, Kathleen Brown, Velma
Clark, Joann Colemen, Jacqueline Covington, Anne Cox, Linda Davis,
Debbie Dearick, Justine Dupree, Carolyn Eldredge, Betty Ellison,
Connie Ellison, Lewis Franklin, Phyllis Fulmer, Dickie Garza,
Tangelia Gaviao, Sherry Gay, Kimberly Gordon, Joy Graham-Stone,
Tommie Harris, Dorothy Harrison, Marie Harshman, Johnnie Hawkins,
Kerron Hawkins, Deborah Hebert, Carol Hill, Irma Hill, Paula
Holland, Delena Honeycutt, Barbara Jackson, John James, Elizabeth
Keller, Sheronda Kelley, Betty King, Kimberly Latta, Georgia Law,
Yasmin Lee, Lewis Love, Ronnie McBeth, Sue Millican, Cherry Murphy,
Katea Naeata, Gwen Neves, Mary Phelps, Betty Redd, Diana Ritter,
Karen Salewski, Georgia Sanders, Rodney Sikes, Mcallen West &
Mary Yarbrough v. Wyeth AND NOW, this 27th day of April, 2005, it is hereby ORDERED
that: 1. The motion of Wyeth to dismiss the non-diverse
defendants as fraudulently joined in Kimberly Latta v. Wyeth is
DENIED as moot for the reason that the non-diverse defendants have
already been dismissed; 2. The motion of Wyeth to dismiss the non-diverse
defendants as fraudulently joined in the remaining above-captioned
actions is GRANTED; 3. The claims against all defendants in the above-captioned
actions except Wyeth, AHP, Wyeth-Ayerst Laboratories Company, and
A.H. Robins Company, Inc. are DISMISSED; 4. The motion of defendant Carlton Clarke, M.d. to dismiss
in Debbie Dearick is DENIED as moot; and 5. The motion of defendant Benjamin Weiner, M.D. to dismiss
in Lewis Franklin is DENIED as moot. | 4-28-2005 | 5096 | Re: Cheryl Yvonne Barnett v. Wyeth (03-20460) AND NOW, this 28th day of April, 2005, it is hereby ORDERED
that: 1. A hearing will be held on May 17, 2005 at 2:00p.m. in
Courtroom 16A in the USDC in Philadelphia, Pennsylvania on "Wyeth’s
Motion to Dismiss with Prejudice, and for Costs and Attorney’s
Fees, due to plaintiff’s Forgery and Fraud on the Court" filed in
the above-captioned action; 2. Counsel for plaintiff whose names appear on the
complaint shall appear and show cause why sanctions should not be
imposed on them as well as the plaintff; and 3. Plaintiffs’ counsel shall promptly provide plaintiff
Cheryl Yvonee Barnett with a copy of Wyeth’s motion and supporting
documents and a copy of this Order. | 4-28-2005 | 5097 | Re: Perry Michael French (03-20353), Claudia Edwards
(03-20326), Dorothy House (03-20247), Teresa Russum (03-20360),
Jerry L. Stevens (03-20248) & Trina Waters (03-20323) v.
Wyeth AND NOW, this 28th day of April, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770, 7, 8, 10, 12. 1. All claim of Margo Jones in Perry Michael French ; 2. All claims of Barbara Oakes in Claudia Edwards; 3. All claims of Debra Tate and Carolyn Wells in Dorothy
House; 4. All claims of Joanne Turner in Teresa Russum; 5. All claims of Lavon Coleman, Betty Speights, and Thelma
Williams in Jerry Stevens; and 6. All claims of Denny L. Vaughn in Trina Waers. | 4-29-2005 | 5098 | RE: Perry Michael French (03-20353), Claudia Edwards
(03-20326), Dorothy House (03-20247), Teresa Russum (03-20360),
Jerry L. Stevens (03-20248) & Trina waters (03-20323) v.
Wyeth AND NOW, this 29th day of April, 2005, for the reasons set
forth in Pretrial Order No. 5097, it is hereby ORDERED that the
motions os Wyeth to dismiss the claims of plaintiffs originally
named in the above-captioned complaints who did not timely file a
severed and amended complaints are DENIED as moot. | 4-29-2005 | 5099 | Re: Judith Baker (04-20038), Peggy S. Bennett-Davani
(04-20134), Shirley Brown (03-20826), Kathy Budd (04-21530), Maria
Catalena (04-20073), Ester Cordova (04-20293), Dianne Dionne
(03-20487), Betty Fife (04-20115), Marilyn Goodsell (03-20821),
Annie H. Harting (04-20104), Sindie Ledam (04-20292), Rita Leonard
(03-20496), Sandra Macconnell (04-20107), Claudia Metzger
(04-20105), Barbara Palomino (04-21531), Doris D. Roberts
(04-20114), Jo Ann Stoker (03-20485), Judy Swinehart (03-20486),
Connie G. Taylor (04-20116), Floresa Thomas (04-20055), Deandrea D.
Watson (04-20133), Robert A. White (04-20131) & Carol S.
Whitmoore (04-20110) v. Wyeth AND NOW, this 29th day of April, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss fraudulently
joined defendants is GRANTED; and 2. The claims against all defendants in the above-captioned
actions except Wyeth, Wyeth-Ayerst Laboratories, Inc., Wyeth-Ayerst
Pharmaceuticals, Inc., Wyeth Pharmaceuticals, Wyeth Holdings
Company, Wyeth Consumer Healthcare, Wyeth-Ayerst International,
Inc., American Cyanamid Corporation, and A.H. Robins Company, Inc.
are DISMISSED. | 4-29-2005 | 5100 | Re: Janice Auddell, Lewis Bennett, Rebecca Berry, Carol
Boyett, Laverne Broadenaux, Ann Brooks, Dawn Brown, Nancy Brown,
Tarus Burrell, Deborah Cannon, Peggy Chapman, Reba Denson, Susan
Pate Drbrolski, Melissa Dawn Donnell, Balencia Dove-Kimble, Jerry
Easley, Jewreca S. Evans, Beatrice Foster, Barbara Garrels, Delores
Gonzales, Darla j. Gossom, Judy Gray, Victoria Harkrider, Shirley
J. Hastik, Janice Henderson, Robin Hesse, Dorothy Holiday, Jacque
D. Hyde, Elaine Kennedy, John C. Kerr, Connie Lawrence, Karen Lee,
Mary Lightfoot, Alva Jo Lindsey, Mary L. Luckey, Lois A. Malone,
Dianne Manis, Linda Manuel, Barbara Marcus, Juanita O. Martinez,
Ruthan McDonald, Patricia McFarland, Tammy McHale, Susan Metzler,
Dorothy Jean Morrow, Dolores Myers, Barbara J. Parker, Lisa C.
Parker, Catherine Plath, Glenda Post, Roxanne Prado, Sharon
Pretiss-Rogers, Gracie Ray, Clarence Rems, Patricia Rhodes, Wynde
Rosanky-Herrera, Elizabeth Garcia Sanchez, Marty Snitkin, Margie
Sparks, Michelle Speetzen, Karen C. Stinson, Grace Taylor, Linda
Teel, Ruth Thibodeaux, Kathy L. Truitt, Linda Underwood, Margarita
Valerio, Gayle Warzon, Carol Nadine White, Denise Wilsie, Clarida
Sue Wyly, Ora Marie York v. Wyeth AND NOW, this 29th day of April, 2005, it is hereby ORDERED
that: 1. The motion of Wyeth to dismiss the non-diverse
defendants as fraudulently joined is GRANTED; 2. The claims against all defendants in the above-captioned
actions except Wyeth, Wyeth Pharmaceuticals, Wyeth-Ayerst
International, Inc., and A.H. Robins Company, Inc. are DISMISSED;
and 3. The motion of attorney of defendant Dr. Arthur Hadley to
withdraw as counsel in the following actions is DENIED as moot:
Balencia Dove-Kimble, Victoria Harkrider, Shirley J. Hastik, John
C. Kerr, Alva Jo Lindsay, Catherine Plath & Linda
Underwood. | 4-29-2005 | 5101 | Re: Debra Tate v. Wyeth (04-20168) AND NOW, this 29th day of April, 2005, it is hereby ORDERED
that: 1. The motion of plaintiffs Ricky Dodds and Deborah
Stevener for leave to file a severed and amended complaint is
GRANTED; and 2. Plaintiffs shall have until May 16, 2005 to file severed
and amended complaints accompanied by the $250.00 filing fee for
each complaint. | 4-29-2005 | 5102 | Re: Sheila Poole (04-20394) & April Vallanueva
(04-204000) v. Wyeth AND NOW, this 29th day of April, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the non-diverse
defendants as fraudulently joined is GRANTED; and 2. The claims against all defendants in the above-captioned
actions except Wyeth are DISMISSED. | 5-5-2005 | 5103 | Re: Janice Ferguson, Clinton Reeves Administrator and
Personal Representative of the Estate of Brad Reeves v. Wyeth
(04-20662) AND NOW TO WIT: This 5th day of May, 2005, it having been
reported that the issues between the parties in the above listed
action have been settled, and upon Order of the Court pursuant to
Rule 41.1(b) of the Local Rules of Civil Procedure of this Court,
it is hereby ORDERED that, pursuant to agreement of counsel, the above
listed case is DISMISSED with prejudice and without costs as to all
named Defendants. | 5-2-2005 | 5104 | Re: Melba Daughenbaugh (04-27269) & Denise Domingue
(04-27265) v. Wyeth AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendants is GRANTED; and 2. The claims against all defendants in the above-captioned
actions except Wyeth are DISMISSED. | 5-2-2005 | 5105 | Re: Amy Sanford (04-20169), Kimberly Alawine (03-20764),
Loretta Grant (03-20330) & Lois Brady (03-20332) v. Wyeth AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770 7, 8, 10, 12. 1. All claims of Michelle Vincent, Gayle States, Marsha
Mayfield, Melinda Hatlich, Ruby Shoffner and Shirley Wilson in Amy
Sanford v. Wyeth. 2. The claims of Deborah Palmer in Kimberly Alawine v.
Wyeth. 3. All claims of Jane Henry, Johnnie Tolliver and Thomas
Stegall in Loretta Grant. 4. All claims of Jacqueline Ducksworth, Charlotte Baughman
and Rosemary Cooper in Lois Brady. | 5-2-2005 | 5106 | Re: Barbara Geisert (04-20098), Anthony Watson (03-20296)
& Gladys Williamson (04-20197) v. Wyeth AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770 7, 8, 10, 12. 1. All claims of Barbara S. Wats, Angelia B. King, Tammy L.
Branish, Irma L. Vera, Donis Wilkerson, Edith F. Sequerth, Jonella
A. Shire, Lynda L. Trussell, Kathryn L. McCasllin, Denise Reinart,
Rose L. Brancecum and Harriet L. Lloyd in Barbara Geisert v.
AHP. 2. All claims of Anthony Watson, Patricia Watson, Joan
Perkins, and Ronald Potter in Anthony Watson. 3. All claims of Debra Harris in Gladys Williamson. | 5-2-2005 | 5107 | Re: Angla Martin (03-20329) & Sandra Anderson
(01-20182) v. Wyeth AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770 7, 8, 10, 12. 1. All claims of Sandra Akins, Judy Alexander, Johnnie Gail
Anderson, Holly Anderson, Mary Austin, Tammy Baker, Ruth
Baker-Forbes, Lisa Barbour, Amy Beckham, Nancy Bishop, Sheila
Blaylock, Jenni Ann bond, Faye Breazeale, Ashley Britt, Joyce
Brown, Sharon Carter, Carol Caylor, Robert Burton, Jackie Correro,
Debra Craft, Roy Daves, Carnella Davis, Annette Davis, Shirley
Davis-Hinson, Patsy Dunning, Wendy Dykes, Rebecca Edwards, Carl
Estes, Michelle Etheridge, Ashley Farmer, Cindy Ferguson, Mary
Free, Vicki Garrison, Mary Garth-Gilleylen, Addeal Giles, Joni
Goss, Hazel Gross, Hazel Gross 1, Barry Grisham, Anita Hall,
Cassandra Hayes, Sheila Hicks, Rosemary Howard, Lisa Ingram, Sharon
Jackson, Carla Johnson, Pamela Johnson, James Jones, Kathy Jones,
Elizabeth Jordan, Diane Ledbetter, Diane Lefaivre, John Lefevre,
Amanda Lewis, David Longorita, Patricia Magee, Patricia Marchuk,
Sylvester martin, Angel Masey, Richard Massey, Toni Matlock, Kitty
McCoy, Carolyn McKenzie, Rhonda McPherson, Gloria McQuagge, Brent
Miller, Henrietta Milton, Jennifer Moore, Vicki Mosley, William
Moyers, Virginia Nabors, Gary Neceaise, Tami Nelson, Creola Nixon,
Evie Parham, Gwen Reiber, Betty Robertson, Adriana Roman, Jane
Ross, Stephanie Russell, Tanda Saxton, Linda Schepers, Penny Sevin,
Kathy Shoffner, Patricia Smith, Reuben Smith, Rebecca Spencer, Joy
Stafford, Sue Sutton, Teresa Tatum, Helen Touchstone, Joyce
Trimble, Pamela Turner, Phyllis Turner, Cynthia Vickers, Virginia
White, Douglas Williams, Deana Withers and Hannelore Yates in
Angela Martin v. Wyeth. 2. All claims of Sandra Anderson, Melissa Spurlock-homer
and Patrick Morris in Sandra Anderson v. Wyeth. | 5-2-2005 | 5108 | Re: Janice McCrory (03-20625) & Eileen Turner
(04-20097) v. Wyeth AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770 7, 8, 10, 12. 1. All claims of Kathy Ashley, Judy Amason, Tammy
Benefield, Paula Berry, Sheila Bridges, Patrice Brown, Janis
Crapps, Demika Carven, Fola Davis, Patricia Ellis, Evelyn Fifer,
Fannie Gibson, Charlotte Gillentine, Linda harvey, Sandra Hawkins,
Jacqueline Hayes, Patricia Huggins, William James, Carol Jamison,
Brenda Jenkins, Cahrlene Kincaide, Merry Latham, Mary Leo, Vanessa
Liles, Mechelle Lowther, Faye Massey, Sherry Middleton, Cassandra
Moore, Sheila Morrow, Joyce Moss, Lloyd Hopkins, Annie Ashley and
Betsy Bailey in Janice McCrory v. Wyeth. 2. All claims of Virgie A. Hughes, Rebecca R. Woodall,
Debbie A. Schaefer, Evelynn R. Simmons, Jerri E. McColgin, Elynore
Gay Aboulhosn, Robin S. Martin, Linda S. Feller, Sylvia A.
Campbell, Mertice N. Whittle, Maida F. Pantaleri, Veronica F.
Becker, Helen W. Lewis, Lil A. Glascock, Maxine L. Williams, Lana
J. Mayers, Diana R. Oceguera, Anita L. Pope, Amanda M. Dumire,
Peggy J. Roy, Mary E. Houchens, Konny J. Pereira, Amy N. Donato,
Gail A. Harris, Donna Bradner and Tammy Chojnacki in Eileen Turner
v. Wyeth. | 5-2-2005 | 5109 | Re: Robert L. Shoemaker v. AHP (04-20094) AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770 7, 8, 10, 12. 1. All claims of Martha S. Clenney, Edward A. Hay, Kathy D.
Miller, Zeola T. Guy, Irene Taylor, Tanay T. Williams, Earnestine
DeWalt, Regina Fitzgerald, Helen L. ming, Tonya K. Mosley, Pasquale
Cipriani, Jofin E. McCue, Sandra Trotter, stacey S. Watson,
Patricia J. Perry, Anderson W. Anderson, Mary Ann Bolt, Shylonda L.
Lofton, Mae F. Granton, Sheila W. Laminack, Carl E. Love, Linda J.
Wahlers, Mike K. Dubose, Yvonne M. Washington, E. Lynda Brooks,
Nixon Nixon, Catherine E. Tiedman, Joann Abram, Margaret A.
Barbour, Jacquelyn D. Stone, Dyan Jenkins, Paulette M. Abraham,
Iris Merritt, Sandra J. Purdie, Dawn J. Oldham, Janet L. Shea,
Connie A. McMartin, Anna Stroud, Eric S. Brown, Brenda W.
Broadway-Jarvis, Eduardo G. Coronado, Deborah L. Ayler, Robert D.
Fernandez, Kathy J. Thomas, Steven Scott, Joanne Matthews, Marilyn
J. Cavin, Mary P. House, Ida M. Woodard, Sue L. Cahal, Meredith J.
Hines, George R. Whitt, Barbara J. Hurley, Sarah Andres, Diana L.
Gurnee, Wilma M. Vaughn, Jerry D. Lacey, Linda E. Morin, Jacquilyn
A. Kilo, Nancy J. Formica. Ethel L. Lawson, Mary E. Brown, Donna J.
Savage, Vickie L. Laplow, Pamela S. Smith, Roxanna L. Pease, Lynn
J. Maxwell, Shazell D. Dixon, Lisa A. Flint, Gary P. Skardina, Lori
K. Gibbs, Barbara Klein-Robuck, Sandra Jackson, Kim Johannan, Gwen
I. Hansen, Vicki E. O’Keefe, Barbara L. Hook, Jesus Gayton, Sherri
Morrow, Diane C. Bailey, Janice M. Tyler and Linda K. Kline v.
AHP. | 5-2-2005 | 5110 | Re: Carrie Alcantara v. Wyeth (04-21340) AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to "dismiss/enforce
Settlement Agreement and Pretrial Order No. 1415 against class
members Carrie and Ronald Alcantara" is GRANTED; 2. Plaintiffs’ intermediate opt-out action is dismissed
with prejudice for the reason that plaintiff Carrie Alcantara is
ineligible to exercise an intermediate opt-out under the terms of
the Settlement Agreement; and 3. The clerk of court is directed to mark this case
closed. | 5-2-2005 | 5111 | Re: Mary A. Clement-Centrella v. Wyeth (04-22649) Plaintiff Mary A. Clement-Centrella advises the court that
she wishes to dismiss her 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
Mary A. Clement-Centrella and Defendant Wyeth stipulate to the
dismissal without prejudice of Plaintiff Mary A.
Clement-Centreallas claims as to defendant Wyeth. 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. | 5-2-2005 | 5112 | Re: Sandra J. Dye v. Wyeth (03-20635) AND NOW, this 2nd day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Sandra J. Dye
hereby dismisses with prejudice this action as to all defendants
Wyeth and Wyeth-Ayerst International, Inc., with each party to bear
its own costs and counsel fees. This dismissal is without prejudice
to any rights plaintiff Sandra J. Dye hereby dismisses with
prejudice this action as to all defendants Wyeth and Wyeth-Ayerst
International Inc., with each party to bear its own costs and
counsel fees. This dismissal is without prejudice to any rights
plaintiff Sandra J. Dye may later accrue under the Nationwide Class
Action Settlement Agreement. This Stipulation is filed on behalf of plaintiff Sandra J.
Dye and Defendants Wyeth and Wyeth-Ayerst International Inc., who
have appeared in the above-captioned matter. | 5-2-2005 | 5113 | Re: Christene M. Nettles v. Wyeth (04-22192) This Court, having considered the parties’ stipulation to
Dismiss, FINDS that it should be GRANTED. It is, therefore ORDERED that the claims and causes of
action of the following Plaintiff, Christine M. Nettles, are
dismissed with prejudice as to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5114 | Re: Virginia N. Riley v. Wyeth (04-24125) COMES NOW Virgina N. Riley, Plaintiff in the
above-referenced case, and advises the Court that she wishes to
dismiss her claims and causes as to all Defendants in this case,
with prejudice. Pursuant to Rule 41(a)(1)(ii) of the Federal Rules
of Civil Procedure, Plaintiff Virginia N. Riley and Defendants
stipulate to the dismissal with prejudice of Plaintiff’s claims as
to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5115 | Re: Kathleen Lowry v. Wyeth (04-24930) This Court, having considered the parties’ Stipulation to
Dismiss, FINDS that it should be GRANTED. It is , therefore, ORDERED that the claims and causes of
action of the following Plaintiff, Kathleen Lowry, are dismissed
with prejudice as to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5116 | Re: Sonja K. Oonk v. Wyeth (04-24640) This Court, having considered the parties’ Stipulation to
Dismiss, FINDS that it should be GRANTED. It is , therefore, ORDERED that the claims and causes of
action of the following Plaintiff, Sonja K. Oonk, are dismissed
with prejudice as to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5117 | Re: Joyce K. Baker v. Wyeth (04-24102) This Court, having considered the parties’ Stipulation to
Dismiss, FINDS that it should be GRANTED. It is , therefore, ORDERED that the claims and causes of
action of the following Plaintiff, Joyce K. Baker, are dismissed
with prejudice as to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5118 | Re: Mary Ann Hartman v. Wyeth (04-24489) This Court, having considered the parties’ Stipulation to
Dismiss, FINDS that it should be GRANTED. It is , therefore, ORDERED that the claims and causes of
action of the following Plaintiff, Mary Ann Hartman, are dismissed
with prejudice as to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5119 | Re: Eva L. Davis v. Wyeth (03-20594) AND NOW, this 2nd day of May, 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 without prejudice as to
all Defendants, 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 this Order shall not affect any right to
which Plaintiff may be entitled pursuant to such agreement. 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, and Plaintiff
shall name no new defendants. | 5-2-2005 | 5120 | Re: Lola Boyle v. Wyeth (04-24068) LOLA BOYLE, Plaintiff in the above-referenced case, and
advises the Court that she wishes to dismiss her claims and causes
of action as to all Defendants in this case, with prejudice.
Pursuant to Rule 41(a)91)(ii) of the Federal Rules of Civil
Procedure, Plaintiff LOLA BOYLE and Defendant stipulate to the
dismissal with prejudice of Plaintiff’s claims. 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. | 5-2-2005 | 5121 | Re: Denise A. Ingham, As Provisional Tutrix of the Property
of Rachel Ingham and Thomas Brant Barham, Minors v. Wyeth
(03-20162) AND NOW, this 2nd day of May, 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 appeared in the above-captioned mater, those
being Wyeth, James Miles Brooks, M.D. and M. James Brooks, Jr.,
M.D. | 5-2-2005 | 5122 | Cheryl Landrith v. Wyeth (04-21533) AND NOW, this 2nd day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED AND DECREED, pursuant to Federal Rule
of Civil Procedure 41(a), that the claims of Plaintiff, Cheryl
Landrith, 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. Plaintiff further stipulates that she
will only re-file her claims asserted in this cause, 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. | 5-2-2005 | 5123 | Barbara Shelby v. Wyeth (04-21697) AND NOW, this 2nd day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED AND DECREED, pursuant to Federal Rule
of Civil Procedure 41(a), that the claims of Plaintiff, Barbara
Shelby, 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 only
plaintiffs in the above listed action as against all named
defendants. This Stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-2-2005 | 5124 | Re: Cathryn Lin and Quongjin Lin v. Wyeth (04-29413) COME NOW, the parties, by their respective counsel,
pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil
Procedure and hereby stipulate and agree that the above-entitled
action shall be dismissed with prejudice, all matters having been
compromised or settled which were alleged or could have been
alleged, with each party to bear their own costs. | 5-2-2005 | 5125 | Re: Carol E. Miras v. Wyeth (04-25129) This Court, having considered the parties’ Stipulation to
Dismiss, FINDS that it should be GRANTED. It is, therefore, ORDERED that the claims and causes of
action of the following Plaintiff Carol E. Miras, are dismissed
with prejudice as to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5126 | Re: Michelle M. Howe v. Wyeth (04-23260) This Court, having considered the parties’ Stipulation to
Dismiss, FINDS that it should be GRANTED. It is, therefore, ORDERED that the claims and causes of
action of the following Plaintiff Michelle M. Howe, are dismissed
with prejudice as to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5127 | Re: Michael H. Donahey v. Wyeth (04-23114) This Court, having considered the parties’ Stipulation to
Dismiss, FINDS that it should be GRANTED. It is, therefore, ORDERED that the claims and causes of
action of the following Plaintiff Michael H. Donahey, are dismissed
with prejudice as to all Defendants. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-2-2005 | 5128 | Re: Regina Jones McMullen v. Wyeth (03-20235) AND NOW, this 2nd day of May, 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 Ronald D. Martin in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-2-2005 | 5129 | Re: Carolyn A. Ingram v. Weyth (03-20236) AND NOW, this 2nd day of May, 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 Lawrence W. Sparks in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-2-2005 | 5130 | Re: Bettie W. Noah v. Wyeth (03-20199) AND NOW, this 2nd day of May, 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 Daniel R. Peterson in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-2-2005 | 5131 | Re: Linda Fletcher (Larry R. Moor0 v. Wyeth
(04-28541) AND NOW, this 2nd day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff LARRY R. MOOR
hereby dismisss with prejudice this action as to all defendants,
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 LARRY R.
MOOR and defendant Wyeth, who have appeared in the above-captioned
matter. | 5-2-2005 | 5132 | Re: Debra K. Leggett v. Wyeth (04-25827) AND NOW, this 2nd day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Debra K.
Leggett hereby dismisses with prejudice this action as to all
defendants, 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 Debra K.
Leggett and defendant Wyeth, who have appeared in the
above-captioned matter. | 5-2-2005 | 5133 | Re: Lori Sobkowski v. Wyeth (04-27154) AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that: 1. The motion of the Wyeth defendants to dismiss
fraudulently joined parties with prejudice is GRANTED; and 2. The claims against all defendants except Wyeth,
Wyeth-Ayerst Laboratories, Inc., Wyeth Pharmaceuticals, Inc., and
Indevus Pharmaceuticals, Inc. are DISMISSED. | 5-2-2005 | 5134 | Re: Vicky Marie Gough v. AHP (04-27183) AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendant is GRANTED; and 2. All claims against defendant Steven Spencer are
DISMISSED. | 5-2-2005 | 5135 | Re: Anita Durham (04-21375) & Elva Dale Simon (04-20377
v. Wyeth AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendants is GRANTED; and 2. The claims against all defendants in the above-captioned
actions except Wyeth, Wyeth Pharmaceuticals, and A.H. Robins
company, Inc., are DISMISSED. | 5-2-2005 | 5136 | Re: Donna Crosby v. Wyeth (04-26700) AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendants is GRANTED; and 2. The claims against all defendants in the above-captioned
action except Wyeth and Wyeth-Ayerst Laboratories are
DISMISED. | 5-2-2005 | 5137 | Re: Linda Latrice Batiste (04-20327), Peggy Cross
(04-20203), Mary P. Guidry-Granger (04-20333). Elsie Hodges
(04-20309). Marcella Hyder (04-20217), Marie A. Robinson (04-20322)
& Melanie Sanford (04-20320) v. Wyeth AND NOW, this 2nd day of May, 2005, it is hereby ORDERED
that: 1. The motions of plaintiffs to remand in the seven
above-captioned actions are DENIED; 2. All defendants in the above-captioned actions except
Wyeth, Wyeth Pharmaceuticals, and A. H. Robins Company, Inc. are
DISMISSED; 3. THE MOTION OF DEFENDANT David L. King in Guidry-Granger
to transfer venue is DENIED as moot; 4. The motions of defendant Dr. Samuel Bennett in
Guidry-Granger to dismiss and to amend/correct motion to dismiss
are DENIED as moot; 5. The motion of defendant Dr. Bruce S. Terrill in
Guidry-Granger to transfer venue is DENIED as moot; 6. The motion of defendant Dr. Gary R. Allen in
Guidry-Granger to dismiss is DENIED as moot; 7. The motion of defendant Dr. Irma Aguirre in
Guidry-Granger to transfer venue is DENIED as moot; 8. The motion of the attorney for defendant Brent Wallace
to substitute counsel in Guidry-Granger is DENIED as moot; 9. The motion of defendant Tamara Noak, M.D. in
Guidry-Granger for summary judgment is DENIED as moot; 10. The motion of defendant D. Sidney Boyd Chadwell in
Guidry-Granger to dismiss is DENIED as moot; 11. The motion of defendant Richard M. Boatman in Hodges to
transfer venue is DENIED as moot; 12. The motion of defendant Catherine Maxwell-Hees, M.d. in
Hodges to transfer venue is DENIED as moot; 13. The motion of defendant D. Assad A. Sergie in Hodges to
transfer venue is DENIED as moot; 14. The motion of defendant Dr. Heriberto Salinas in Hodges
to transfer venue is DENIED as moot; 15. The motions of defendant Dr. Jose DeJesus in Hodges to
transfer venue and to dismiss are DENIED s moot; 16. The motion of defendant Frederick C. McDonough in
Hodges to transfer venue is DENIED as moot; 17. The motion of defendant Dr. Phillip M. Aronoff in
Hodges to dismiss is DENIED as moot; 18. The motion of attorney for Arthur Hadley to withdraw as
counsel in Hodges is DENIED as moot; 19. The motions of defendant Samuel Bennett in Sanford to
dismiss and to amend/correct motion to dismiss are DENIED as
moot; 20. The motions of defendant John Francis Eichelberger in
Sanford to dismiss are DENIED as moot; and 21. The motion of defendant Dr. Sidney Boyd Chadwell Jr. in
Sanford to dismiss is DENIED as moot. | 5-23-2005 | 5138 | Re: Bettie W. Noah v. Wyeth (03-20199) AND NOW, this 3rd day of May, 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 "Mr. Sullivan" (as he is identified in the December 30,
2002, First Amended Complaint in the above-captioned case) are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-3-2005 | 5139 | Re: Mark Sickles v. Fisons, Patrick E. Huff, D.O., d/b/a
Luckiamute Clinic, Regence HMO Oregon, and Western Council of
Industrial Workers-Timber Operators Council Health (98-20728) AND NOW, this 3rd day of May, 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 Mark
Sickles, personal representative of the estate of Carla Sickles,
are hereby dismissed with prejudice as to all named defendants,
with each party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-3-2005 | 5140 | Re: Linda J. Genrty v. Wyeth (04-268330 AND NOW, this 3rd day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendants is GRANTED; and 2. The claims against all defendants in the above-captioned
action except Wyeth and Indevus Pharmaceuticals, Inc., are
DISMISSED. | 5-3-2005 | 5141 | Re: All Action STIPULATION FOR EXTENSION OF TIME TO RESPOND TO WYETH’S
MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH PRETRIAL ORDER NO.
2930 It is hereby STIPULATED and AGREED between Fleming &
Associates, L.L.P. and Wyeth, through their respective counsel,
that Fleming & Associates shall file its response in opposition
to Wyeth’s Motion for Sanctions on or before May 5, 2005. This extension is for a period of less than 30 days. No
prior extension has been requested or given in this matter. | 5-4-2005 | 5142 | Re: Mary Beavers v. Wyeth (04-28526) AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that: 1. The motion of defendant Dr. Alec Law to dismiss the
complaint as to him on the ground that he is fraudulently joined is
GRANTED; and 2. The claims against all defendants in the above-captioned
action except Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc.,
Wyeth-Ayerst International, Inc., and Wyeth Pharmaceuticals, are
DISMISSED. | 5-4-2005 | 5143 | Re: Jean E. Caryl v. Wyeth (04-29441) AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendant is GRANTED; and 2. All claims against defendant Dr. Jocques Kestleyn are
DISMISSED. | 5-4-2005 | 5144 | Re: Andrea Nightingale v. Wyeth (03-20384) AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendants is GRANTED; and 2. The claims against all defendants in the above-captioned
action except Wyeth and Wyeth Pharmaceuticals are DISMISSED. | 5-4-2005 | 5145 | Re: Lori Queen v. Wyeth (04-25835) AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of defendant Bill Baker to dismiss
the claims against him is GRANTED; and 2. The claims against all defendants except Wyeth are
DISMISSED. | 5-4-2005 | 5146 | Re: Anita Crabtree v. Wyeth (04-20645) AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that: 1. The motion of plaintiffs to remand is DENIED as moot for
the reason that the federal transferor court has already ruled on
that motion; 2. The motion of Wyeth to dismiss the fraudulently joined
defendants is GRANTED; and 3. The claims against all defendants in the above-captioned
action except Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth
Pharmaceuticals, and Wyeth-Ayerst International, Inc. are
DISMISSED. | 5-4-2005 | 5147 | Re: Renee Allen (04-28524) & Judy Carpenter (04-28525)
v. Wyeth AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that: 1. The motions of plaintiffs in the above-captioned actions
to remand are DENIED; 2. The claims against all defendants in the above-captioned
action except Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth
Pharmaceuticals, and Wyeth-Ayerst International, Inc. are
DISMISSED; and 3. The motion of defendant Dr. Alec Law in Judy Carpenter
to dismiss is DENIED as moot. | 5-4-20005 | 5148 | Re: Suzanne Combs v. Wyeth (04-28545) AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that: 1. The motion of plaintiff to remand is DENIED; 2. All claims against defendant Dr. Rollie Edward Allen are
DISMISSED; and 3. The motion of defendant Dr. Rollie Edward Allen to
dismiss is DENIED as moot. | 5-4-2005 | 5149 | Re: Sheila Brown v. AHP (99-20593) AND NOW, on this 4th day of May, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that the
"motion for enforcement of lien for attorney’s fees and costs by
Saunders & Walker, P.A., former counsel for class claimant,
Barbara Edwards" is DENIED without prejudice. | 5-4-2005 | 5150 | Re: Anthony Watson v. Wyeth (03-20296) AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that: 1. Pretrial Order No. 5106 is vacated solely as it relates
to the claims of Joan Perkins Potter and Ronald Potter in Anthony
Watston; and 2. The claims of Joan Perkins Potter and Ronald Potter are
reinstated for the reasons that these plaintiffs refiled as CIV.A.
No. 04-21745. | 5-4-2005 | 5151 | Re: Thomas K. Irwin (03-20599) & Patricia Cubeta
(03-20479) v. Wyeth AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendants is GRANTED; and 2. The claims against all defendants in the above-captioned
actions except Wyeth, Wyeth Pharmaceuticals, and A.H. Robins
Company, Inc., are DISMISSED. | 5-4-2005 | 5152 | Re: Sandra Sorrell (04-20086) & Lisa Phelps-Dorris
(04-20096) v. Wyeth AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770: 1. All claims of Earnestine Williams, Mary Feldner, Carol
Stiff, Ute Mark, Peggy Schemer, Ella Wilcox, Felecia Grayson, Carla
Whitlatch, Mary Davis, Alberta Parrish, Joyce Madison, Lyle
Songstad, Reggie Kaminsky, Paula Parker, Linda Aleba, mavis Jundt,
Gina Lloyd, Murna Scott, Deborah Napier, Mary Davis Bambi Woodward,
Virginia Curtis, Annette Stewart, Mamie Conrad Kim Cooley-Hedberg,
Linda Stewart, Angel Cassity, Dora McClure, William J. Fox, Therese
Middleton, Margaret Watson and Kathleen Heuer in Sandra Sorrell v.
AHP; and 2. All claims of Lenora Coombs, Jason Haws, Robin Boren,
Doreen Cashdollar, Joanne Matthews, Joan Braun, Helen Alegria, Ruth
Johnson, Betty Poole, Sheri Ferber, Myrna Spaeth, Velisa
Smurthwaite, Brenda Loya, Cindy Evans, Nancy Hughes, Vikki Smith,
Deborah Shoaf, Elma Lindquist, Phyllis Dunlap, Kimberlie March,
Lana Montoya, Victor Fielder, Anita Chadwell, Robert Brown, Barin
Dean, Klly Stewart, Myralee Elder, Tony S. Brown, Carmen Borden,
Amy L. Lott, Lisa McPherson, Cynthia Snyder, Alberta Johnson, Carol
Flanders and Carol G. Oertle in Linda Phelps-Dorris. | 5-4-2005 | 5153 | Re: Barbara Jean Moore v. Wyeth (05-20247) AND NOW, this 4th day of May, 2005, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss the
fraudulently joined defendants is GRANTED; and 2. The claims against all defendants except Wyeth,
Wyeth-Ayerst Pharmaceuticals, Inc., and Wyeth-Ayerst International,
Inc. are DISMISSED. | 5-5-2005 | 5154 | Re: Amy Sanford v. Wyeth (04-20169) AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that: 1. Pretrial Order No. 5105 is vacated solely as it relates
to the claims of Ruby Shoffner and Shirley Wilson in Amy
Sanford; 2. The claims of Ruby Shoffner are reinstated for the
reason that this plaintiff refiled as CIV.A. NO. 04-22008;
and 3. The claims of Shirley Wilson are reinstated for the
reason that this plaintiff refiled as CIV.A. No. 04-22078. | 5-5-2005 | 5155 | Re: Sandra Sorrell v. Wyeth (04-20086) AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that: 1. PTO No. 5152 is vacated solely as it relates to the
claims of Carla J. Whitlatch and Mamie K. Conrad in Sandra
Sorrell; 2. The claims of Carla J. Whitlatch are reinstated for the
reason that this plaintiff refiled as CIV.A. No. 04-22988;
and 3. The claims of Mamie K. Conrad are reinstated for the
reason that this plaintiff refiled as CIV.A. No. 04-23781. | 5-5-2005 | 5156 | Re: Lisa Phelps-Dorris v. AHP (04-20096) AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that: 1. PTO No. 5152 is vacated solely as it relates to the
claims of Robert Brown, Carmen M. Borden and Alberta Johnson; 2. The claims of Robert Brown are reinstated for the reason
that this plaintiff refiled as CIV.A. No. 04-24108; and 3. The claims of Alberta Johnson are reinstated for the
reason that this plaintiff refiled as CIV.A. No. 04-24728. | 5-5-2005 | 5157 | Re: Pamela Ellison (04-20099) & Mitzi Wilson (03-20280)
v. Wyeth AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770. 1. All claims of Dorothy L. Proffitt, Delores B. Harrison,
Carol Colwell, Arthurene J. Settle, Dawn M. Britt, Denise C. Myles,
Gwen I. Hansen and Etta G. Daniel in Pamela Ellison v. AHP
(04-20099); and 2. All claims of Baryne Wayne Benson, David Allen and John
Dover in Mitzi Wilson v. Wyeth (03-20280). | 5-5-2005 | 5158 | Re: Joyce Ann Allen (03-20310), Paul Woodcock (03-20273)
& Shirley Jobe (03-20232) v. Wyeth AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770. 1. All claims of Alda Thornhill in Joyce Ann Allen v. Wyeth
(03-20310); 2. All claims of Becky Garner in Paul Woodcock v. Wyeth
(03-20273); 3. All claims of Phyllis Gaye Petti, Sharon C. Barnett,
Mary Haney and Cindy K. Knighton in Shirley Jobe v. Wyeth
(03-20232). | 5-5-2005 | 5159 | Re: Sheila Brown v. AHP (99-205930 IT IS STIPULATED AND AGREED between Bobbe Scheiffler and
the AHP Settlement Trust (the "Trust"), through their respective
and undersigned counsel, that the Trust shall have an extension of
time up to and including May 2, 2005 to respond to Bobbe
Schieffler’s Motion to Compel the Trust to Accept and Provide
Reimbursement for an Echocardiogram. This is the first such stipulation for extension of time,
and does not exceed thirty days. | 5-5-2005 | 5160 | Re: Sheila Brown v. AHP (99-20593) WHEREAS, PTO No. 3882 directs that Class Counsel and Wyeth
determine if High Level Claims within the scope of the parallel
processing procedures are sufficiently complete within the meaning
of the Settlement Agreement to permit making a determination of
eligibility for Matrix Compensation benefits as a High Level
Claim; WHEREAS, PTO No. 3882 directs that Wyeth review each
completed High Level Claim and designate if the claim is payable,
and if payable, the benefit level and amount of the claim; WHEREAS, PTO No. 3882 directs the Trust to aggregate all
claims designated as Payable by Wyeth during the preceding month
and to file with the Court a motion for an Order authorizing the
Trust to pay the claims in accordance with the amount determined by
Wyeth; and WHEREAS, during the preceding month, Wyeth designated the
claims set forth on Schedule1 hereto as Payable at the benefit
levels and amounts set forth therein. NOW, THEREFORE, this 5th day of May, 2005, upon
consideration of the Motion of the AHP Settlement trust to Pay
Claims Designated as Payable by Wyeth Pursuant to Pretrial Order
No. 3882, and any response thereto, it is hereby ORDERED AND
DECREED that the Motion is GRANTED. The Trust shall pay those
claims designated as payable by Wyeth on Schedule 1 attached
hereto, at the benefit levels and in the amount determined by Wyeth
as set forth therein in accordance with PTO No. 3882. Payment under
this Order is subject to the resolution of any outstanding
subrogation claims pursuant to the terms of the settlement
agreement. | 5-5-2005 | 5161 | Re: Sarah Brooks (03-20318), Mike Cockrell (03-20626) &
Jamie Woods (03-20272) v. Wyeth AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770: 1. All claims of Joan Perkins, Ronald Potter and Curtis
Luckett in Sarah Brooks v. Wyeth CIV.A. 03-20318; 2. All claims of Brenda Kelly, Jewelen Owens, Debra Parker,
Vicky Patrick, Susie Powell, Constance Roberts, Mary Robertson,
Ethel Smith, Dana Tidmore, Vonda Tullos, Gloria Vaughn, Pamela
Walters and Belinda Williams in Mike Cockrell v. Wyeth CIV.A. No.
03-20626; and 3. All claims of Lee Forest and Edgar Shoemaker in Jamie
Woods v. Wyeth CIV.A. No. 03-20727. | 5-5-2005 | 5162 | Re: Brenda Barnett (03-20239) & Jennifer Stimage
(03-20230) v. Wyeth AND NOW, this 5th day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiffs to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770: 1. All claims of Glean McAlpine and Albert Dear in Brenda
Barnett v. Wyeth CIV.A. No. 03-20239; and 2. All claims of Penny Allen, Jimmie Andrews, Patricia
Armstong, Deana S. Baulch, Amy C. Clayton, Annalyn S. Clayton,
Naomi S. Crocker, Sheila Diane Dilmore, Pamelia Doss, Patricia N.
Honeycutt, Glenda Huffman, Tanya Johnson, Judy Jones, Charlene
Kuykendall, Barbara Swords Kyle, Joyce Lloyd, Gwendolyn Pannell,
Mary E. Perry, Terri Pierce, Patricia F. Reaves, Pamela Shook,
Ethel Simmons, Reba Tackitt, Tarra Tate and Leslie Thomas in
Jennifer Stimage v. Wyeth CIV.A. No. 03-20230. | 5-5-2005 | 5163 | Re: Venice Holliday v. AHP (02-20188) AND NOW, this 6th day of May, 2005, it is hereby ORDERED
that: 1. The Report and Recommendation NO. 25 of the Special
Master (as to Wyeth’s motion pursuant to PTO No. 2383 as to class
member Venice Holliday) is AFFIRMED; 2. "Wyeth’s motion pursuant to PTO No. 2383 as to class
member Venice Holliday" (Doc. No. 205869 is GRANTED; and 3. The claims of plaintiff Venice Holliday against all
Wyeth-related defendants are dismissed. | 5-6-2005 | 5164 | Re: All Actions AND NOW, this 6th day of May, 2005, it is hereby ORDERED
that: 1. 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; 2. The noted plaintiffs shall file conforming captions
within 30 days; and 3. The defendant listed on Exhibits A through U attached
hereto are DISMISSED with prejudice. | 5-6-2005 | 5165 | Re: Nancy Wells v. Wyeth (03-20613) AND NOW, this 6th day of May, 2005, it is hereby ORDERED
that Pretrial Order No. 3856 is amended to add the following: all
claims against Gate Pharmaceuticals and Smithkline Beecham
Corporation are DISMISSED. See PTO nO. 2567, Anderson v. AHP CIV.A.
No. 01-20182. | 5-6-2005 | 5166 | Re: Ana Maria Dibienza v. Wyeth (03-20225) AND NOW, this 9th day of May, 2005, it is hereby ORDERED
that the following claims are dismissed with prejudice for failure
of plaintiff to have filed a severed and amended complaint within
60 days of severance pursuant to PTO No. 3770: all claims of Sandra
Garrison, Geraldine Joyce, Vera Lechuga, Colleen Todd, Roanld
Kincaid, Joni Johnson and Jacalyn Murray in Ana Maria DiBienza v.
Wyeth CIV.A. No. 03-20225. | 5-10-2005 | 5167 | Re: Alberta A. Roy (Geraldine E. Stewart) v. Wyeth
(04-26970) AND NOW, this 10th day of May, 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
Geraldine E. Stewart, one of the Plaintiffs in the above-captioned
multi-plaintiff case, 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. Nothing in this order shall affect the claims and causes of
action of any of the other Plaintiffs in this matter. This stipulation is filed on behalf of Plaintiff Geraldine
E. Stewart and all Defendants who have appeared in the
above-captioned matter. | 5-10-2005 | 5168 | Re: Elsie Hodges (Patricia Jeter) v. Wyeth (04-20309) AND NOW, this 10th day of May, 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
Patricia Jeter in the above-captioned case are hereby dismissed
without prejudice as to all named Defendants, with each party to
bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. Nothing in this order shall affect the claims and causes of
action of any of the other Plaintiffs in this matter. . | 5-10-2005 | 5169 | Re: Elsie Hodges (Opal Jones) v. Wyeth (04-20309) AND NOW, this 10th day of May, 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 Opal
Jones in the above-captioned case are hereby dismissed without
prejudice as to all named Defendants, with each party to bear its
own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. Nothing in this order shall affect the claims and causes of
action of any of the other Plaintiffs in this matter. | 5-10-2005 | 5170 | Re: Evelyn G. Nail v. Wyeth, AHP, A. H. Robins Company,
Virginia Mallette, Patricia M. Tessendore & David P. Cauwels
(05-20306) AND NOW, this 10th day of May, 2005, 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 the Defendants,
Gene Heinrichs, M.D., Virginia Mallette, Patricia M. Tessendore and
David P. Cauwels withe each party to bear its own costs and counsel
fees. This stipulation is filed on behalf of plaintiff Evelyn G.
Nail and defendant Wyeth, who have appeared in the above-captioned
matter. | 5-10-2005 | 5171 | Re: Sandra Bever v. Wyeth (04-20205) AND NOW, this 10th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of Sandra Bever 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 41(a)(1)(ii). All parties in this action who have entered
an appearance have executed this dismissal through the undersigned
counsel of record. | 5-10-2005 | 5172 | Re: Thelam T. Maynor v. Wyeth (04-21555) AND NOW, this 10th day of May, 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
Thelma T. Maynor 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. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
Nationwide Class Action Settlement Agreement with Wyeth. In the event that plaintiff re-files any claim or action
arising out of the use of Pondimin or Redux, plaintiff shall
re-file such claim or action in federal court only, and plaintiff
shall name no new defendants. | 5-10-2005 | 5173 | Re: Regina Jones McMullen v. Wyeth (03-20235) AND NOW, this 10th day of May, 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
plaintiffs David Roberts and Elizabeth Roberts in the
above-captioned case are hereby dismissed with prejudice as to all
named defendants, with each party to bear its own costs and counsel
fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-10-2005 | 5174 | Re: Regina Jones McMullen v. Wyeth (03-20235) AND NOW, this 10th day of May, 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
plaintiffs Charles Killingsworth and Dorothy Killingsworth in the
above-captioned case are hereby dismissed with prejudice as to all
named defendants, with each party to bear its own costs and counsel
fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-10-2005 | 5175 | Re: Elsie Hodges (Shirley McAdoo) v. Wyeth (03-20309) AND NOW, this 10th day of May, 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
Shirley McAdoo, one of the Plaintiffs in the above-captioned
multi-plaintiff case, 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 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. Nothing in this order shall affect the claims and causes of
action of any other plaintiff against any of defendants 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. | 5-10-2005 | 5176 | Re: Debbie Hoskins v. Wyeth (05-21027) AND NOW, this 10th day of May, 2005, it is hereby ordered
that the Clerk of Court shall refund to Debbie Hoskins the $250.00
paid for the filing fee in the above-captioned action for the
reason that she was the first-named plaintiff in Hoskins, et al v.
Wyeth. | 5-10-2005 | 5177 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 10th day of May, 2005, it is hereby ORDERED
that: 1. The Report and Recommendation No. 14 of the Special
Discovery Master (as to class member Margie Fisher’s Motion for
Protective Order) is AFFIRMED; 2. "Class member Margie Fisher’s motion for protective
order relating to her motion for relief from PTO No. 1238" (Doc.
No. 204921) is GRANTED as revised by "class member Margie Fisher’s
motion re: Report and Recommendation No. 14 of the Special
Discovery Master (as to class member Margie Fisher’s motion for
protective order) and declaration of Eric Wildgrube" (Doc. No.
206282)’ 3. "Class member Margie Fisher’s motion re: Report and
Recommendation No. 14 of the Special Discovery Maser (as to class
member Margie Fisher’s motion for protective order) and declaration
of Eric Wildgrube" (Doc. No. 206282) is GRANTED; and 4. A protective order will be issued. | 5-10-2005 | 5178 | Re: Sheila Brown v. AHP (99-20593) Good cause appearing therefore, IT IS HEREBY ORDERED that
certain materials relating to Class Member Margie Fisher’s Motion
for Relief From PTO No. 1238 shall be protected as follows: 1. This protective order shall govern the treatment of
Confidential Information (as defined in paragraph 2 below) produced
or obtained either by Wyeth or Ms. Fisher in proceedings relating
to Ms. Fisher’s Motion for Relief from PTO No. 1238. 2. "Confidential Information" shall mean any document,
file, portions of files, transcribed testimony, or response to a
discovery request, including any extract, abstract, chart, summary,
note or copy made therefrom ("Document") that quotes, contains,
represents, characterizes, describes or depicts neuropsychological
testing materials published by the Psychological Corporation or any
other corporation or individual and employed by any psychologist or
neuropsychologist in assessing Ms. Fisher’s neuropsychological
condition. 3. All Confidential Information may only be disclosed to
the following persons, and only for the purpose of the
Action: A. This court, including court personnel, court reporters,
and persons operating video recording equipment at depositions in
this action; B. Counsel who have appeared of record for a party in this
action and partners, associates, legal assistants, or other
employees of such counsel assisting in the prosecution or defense
of this action; C. The parties to this action; and D. Persons retained by the parties or their attorneys to
assist in the prosecution or defense of this action (including
consultants or expert witnesses, and third-party vendors, and their
employees, retained by the parties or counsel who are involved in
one or more aspects of copying, microfilming, reorganizing, filing,
coding, converting, storing or retrieving data). 4. Prior to a party’s counsel disclosing confidential
information to a persons described in subparagraphs 4(c), the
disclosing party shall deliver a copy of this Order to such persons
and obtain the declaration in the form attached as Exhibit A,
signed and dated by such persons. 5. The individuals authorized to review confidential
information pursuant to this protective order shall hold
confidential information in confidence and shall not divulge the
confidential information, either orally or in writing to any other
person, entity or government agency unless authorized to do so by
this protective order or other Court order. 6. The party’s counsel who discloses confidential
information shall take all steps reasonable and appropriate to
ensuring compliance with the terms of this protective order with
respect to persons to whom such confidential information is
disclosed and shall obtain and retain the original declarations
signed by qualified recipients of confidential information. 7. No copies of confidential information shall be made
except by or on behalf of counsel in this litigation for work
product purposes or for review by experts or parties in this case.
Any such copies shall be made and used solely for purposes of this
litigation. 8. The termination of this action shall not relieve counsel
or other persons obligated hereunder from their responsibility to
maintain the confidentiality of confidential information pursuant
to this protective order, and the court shall retain continuing
jurisdiction to enforce the terms of this protective order. 9. By agreeing to the entry of this protective order, the
parties adopt no position as to the authenticity or admissibility
of documents produced subject to it. Neither the taking of any
action in accordance with the provisions of this protective order,
nor the failure to object thereto, shall be construed as a waiver
of any claim or defense in this action. 10. Nothing in this protective order shall preclude any
party from filing a motion seeking further or different protection
from the court under rule 26© of the Federal Rules of Civil
Procedure, or from filing a motion with respect to the manner in
which confidential information shall be treated at trial. | 5-10-2005 | 5179 | Re: Loretta Grant v. Wyeth (03-20330) AND NOW, this 10th day of May, 2005, it is hereby ORDERED
that: 1. PTO No. 5105 is vacated solely as it relates to the
claims of Thomas Stegall in Loregga Grant; and 2. The claims of Thomas Stegall are reinstated for the
reason that this plaintiff refiled as CIV.A. No. 04-23987. | 5-11-2005 | 5180 | Re: Brenda Loper v. AHP (04-20620) This cause is before the Court on the Stipulation of the
parties that Wyeth will have until and including May 27, 2005, in
which to serve a response to Plaintiffs’ Motion to Remand or in the
Alternative Motion to Abstain and Remand. Having considered the Stipulation, the Court finds that it
well taken and hereby grants Wyeth an extension to and including
May 27, 2005, in which to serve a response and memorandum of
authorities in opposition to Plaintiffs’ Motion to Remand or in the
Alternative Motion to Abstain and Remand. | 5-11-2005 | 5181 | Re: Paul Woodcock v. Wyeth (03-20273) AND NOW, this 11th day of May, 2005, it is hereby ORDERED
that: 1. PTO No. 5158 is vacated solely as it relate to the
claims of Becky Garner (a/k/a Sara Garner) in Paul Woodcock, et al.
v. Wyeth CIV.A. No. 03-20273; and 2. The claims of Becky Garner are reinstated for the reason
that this plaintiff refiled as CIV.A. No. 04-24017. | 5-11-2005 | 5182 | Re: All Actions - UNDER SEAL - AND NOW, May 11, 2005, upon consideration of the PMC’s
Motion for Release and Use of Funds from the MDL 1203 Fee and Cost
Account, established by Gregory Miller, Esquire, Escrow Agent, it
is hereby ORDERED and DECREED that said Motion is GRANTED and
Gregory Miller, Esquire, is directed to make payment on invoices
totaling $123,174.49 to the PMC Fen Phen Litigation Account. | 5-11-2005 | 5183 | Re: Janet S. Aligah (04-23153), Olivia M. Anthony
(04-23133), Betty Batte (04-23137), Gloria Collier (04-23143), Ira
Ann Durden (04-23747), Ruby Estes (04-23156), Blanche Feathers
(04-26197), Lenny K. Holden (04-23135), Andrew D. Richardson
(04-23134), Catherine Kaerwen Simmons (04-23136), Betty J. Tedford
(04-23138) & Delois Wall (04-23157) v. Wyeth AND NOW, this 11th day of May, 2005, it is hereby ORDERED
that: 1. The motion of plaintiffs to remand in the
above-captioned actions are DENIED; and 2. All defendants in the above-captioned actions except
Wyeth are DISMISSED. | 5-12-2005 | 5184 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 12th day of May, 2005, it is hereby ORDERED
that: 1. The motion of class counsel to impose a bond on
appellants Angela Duffy and Debra Rhea in connection with their
appeal of this court’s PTO No. 4567 is GRANTED; and 2. Appellants forthwith shall post a bond in the amount of
$25,000.00. The purpose of said bond is to ensure the payment of
costs incurred by class counsel should the class prevail on
appeal. | 5-12-2005 | 5185 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 12th day of May, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. Report and Recommendation No. 16 of Special Discovery
Master (as to Fleming & Associates, L.L.P.’s proposed discovery
requests) is AFFIRMED in part and MODIFIED in part; 2. Report and Recommendation No. 16 is MODIFIED as it
pertains to Request for Production No. 2. Request for Production
No. 2 is GRANTED in its entirety; and 3. Report and Recommendation No. 16 is otherwise
AFFIRMED. | 5-12-2005 | 5186 | Re: 160 California Complaints v. Wyeth AND NOW, this 12th day of May, 2005, it is hereby ORDERED
that: 1. The motions of plaintiffs to remand in the
above-captioned actions to the Superior Court of Los Angeles
County, California are DENIED; and 2. All defendants in the above-captioned actions except
Wyeth are DISMISSED. | 5-17-2005 | 5187 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 17th day of May, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that
Claimant Geaney Evans is not entitled to Matrix A-1, Level II
benefits. | 5-17-2005 | 5188 | Re: Sarah Brooks v. Wyeth (03-20318) AND NOW, this 17th day of May, 2005, it is hereby ORDERED
that: 1. PTO NO. 5161 is vacated solely as it relates to the
claims of Curtis Luckett in Sarah Brooks v. Wyeth; and 2. The claims of Curtis Luckett are reinstated for the
reason that plaintiff refiled as CIV.A. No. 21734. | 5-17-2005 | 5189 | Re: Brenda Barnett v. Wyeth (03-20239) AND NOW, this 17th day of May, 2005, it is hereby ORDERED
that: 1. PTO NO. 5162 is vacated solely as it relates to the
claims of Glean McAlpine in Brenda Barnett v. Wyeth; and 2. The claims of Glean McAlpine are reinstated for the
reason that this plaintiff refiled as CIV.A. No. 04-21762. | 5-17-2005 | 5190 | Re: Jamie Woods v. Wyeth (03-20272) AND NOW, this 17th day of May, 2005, it is hereby ORDERED
that: 1. PTO No. 5161 is vacated solely as it relates to the
claims of Lee Forest and Edgar Shoemaker in Jamie Woods; 2. The claims of Lee Forest are reinstated for the reason
that these plaintiffs refiled as CIV.A. NO. 04-21785; and 3. The claims of Edgar Shoemaker are reinstated for the
reason that this plaintiff refiled as CIV.A. No. 04-21796. | 5-17-2005 | 5191 | Re: Shirley Cormier (04-20331), Summer Fowler (04-23145),
Ouida Garrett (04-20613), Debra Kollman (04-20401), Maryann
McBrayer (03-20534) & Margaret Tipping (04-20199) v.
Wyeth AND NOW, this 17th day of May, 2005, for the reasons set
forth in PTO NO. 5083, it is hereby ORDERED that: 1. The motion of Wyeth to dismiss fraudulently joined
defendants in the following action s is DENIED as moot: Fowler,
Garrett, Kollman & Tipping; and 2. The motion of defendants Eckerd Corporation, Randall’s
Food and Drugs, Inc., and Randall’s Food Markets, Inc. for summary
judgment in McBrayer is DENIED as moot. | 5-17-2005 | 5192 | Re: Marie Joiner v. Wyeth (03-20394) AND NOW, this 17th day of May, 2005, for the reasons set
forth in PTO No. 5090 it is hereby ORDERED that: 1. The motion of defendants Gate Pharmaceuticals to dismiss
is DENIED as moot; and 2. The motion of plaintiff to remand is DENIED as
moot. | 5-17-2005 | 5193 | Re: Martha Green v. Wyeth (03-20234) AND NOW, this 17th day of May, 2005, for the reasons se
forth in PTO NO. 4202, it is hereby ORDERED that the motion of
counsel for plaintiff Gwendolyn Lowe to withdraw as counsel is
DENIED as moot. | 5-17-2005 | 5194 | Re: Jean Ramsey v. Wyeth (03-20344) AND NOW, this 17th day of May, 2005, for the reasons set
forth in PTO No. 3339, it is hereby ORDERED that: 1. The claims against all defendants except Wyeth are
DISMISSED; and 2. The motions of counsel for the following defendants to
withdraw and/or substitute counsel are DENIED as moot: Coldwater
Pharmacey, Iuka Discount Drugs, May’s Pharmacy, FamilyMeds
Pharmacy, RX Express of Tueplo, Delton More Discount Drugs, and
Super Sav-on Durgs. | 5-17-2005 | 5195 | Re: Wylene L. Alston (04-26199) & Carolyn Alvarez
(04-28540) v. Wyeth AND NOW, this 17th day of May, 2005, it is hereby ORDERED
that: 1. The motions of plaintiffs to remand in the
above-captioned actions are DENIED; 2. All defendants in the above-captioned actions except
Wyeth are DISMISSED; and 3. The motion of defendant William A. Hendricks in Alston
v. Wyeth to dismiss is DENIED as moot. | 5-17-2005 | 5196 | Re: Kathy A. Baker (04-21113), Stephanie Bankston
(04-21068), Jack N. Foty (04-21119), Betty Ann Kowis (04-20277),
Joseph Kowis (04-20288) & Cindi Nelson (03-20348) v.
Wyeth AND NOW, this 17th day of May, 2005, it is hereby ORDERED
that the motion of counsel for defendant Arthur Hadley to withdraw
as counsel in the above-captioned actions is DENIED as moot for the
reason that all claims against htis defendant have been
dismissed. | 5-17-2005 | 5197 | Re: Marilyn D. Jones v. Wyeth (04-25906) AND NOW, this 17th day of May, 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 Marilyn D. Jones in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-17-2005 | 5198 | Re: Karen E. Miller (Margaret D. Worley) v. Wyeth
(04-28609) AND NOW, this 17th day of May, 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
Margaret D. Worley, one of the plaintiffs in the above-captioned
multi-plaintiff case, 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 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. Nothing in this order shall affect the claims and causes of
action of any of the other plaintiffs in this matter. This stipulation is filed on behalf of plaintiff Margaret
D. Worley and all Defendants who have appeared in the
above-captioned matter. | 5-17-2005 | 5199 | Re: Linda Criswell, widow of Lee Kenneth Criswell v. AHP
(05-20629) COMES NOW the plaintiff, Linda Criswell, and the
defendants, AHP, Wyeth-Ayers Laboratories, division of AHP and A.H.
Robins Company, and stipulate to the dismissal of plaintiff’s
claims as to said defendants in the above-styled and numbered cause
with prejudice, with each party to bear their own costs and counsel
fees. Due to the fact that plaintiff did not file an initial,
intermediate or back-end opt-out form, plaintiff remains in the
Nationwide Class Action Settlement and must pursue any rights she
may have, individually or on behalf of here deceased husband,
exclusively from funds created thereunder. | 5-17-2005 | 5200 | Re: Marie Shannon v. AHP (04-29450) COMES NOW the plaintiff, Marie Shannon, and the defendants,
AHP, Wyeth-Ayers Laboratories, division of AHP and A.H. Robins
Company, and stipulate to the dismissal of plaintiff’s claims as to
said defendants in the above-styled and numbered cause with
prejudice, with each party to bear their own costs and counsel
fees. Due to the fact that plaintiff did not file an initial,
intermediate or back-end opt-out form, plaintiff remains in the
Nationwide Class Action Settlement and must pursue any rights she
may have, individually or on behalf of here deceased husband,
exclusively from funds created thereunder. | 5-17-2005 | 5201 | Re: Karen E. Miller (Jan Steffe) v. Wyeth (04-28609) AND NOW, this 17th day of May, 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 Jan
Steffe, one of the plaintiffs in the above-captioned
multi-plaintiff case, 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 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. Nothing in this order shall affect the claims and causes of
action of any of the other plaintiffs in this matter. This stipulation is filed on behalf of plaintiff Jan Steffe
and all Defendants who have appeared in the above-captioned
matter. | 5-17-2005 | 5202 | Re: Lisa J. Miner v. Wyeth (04-26323) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Lisa J. Miner
hereby dismisses with prejudice this action as to all defendants,
Wyeth, with each party to bear its own costs and counsel fees. This
dismissal is without prejudice to any rights plaintiff Lisa J.
Miner may later accrue under the Nationwide Class Action Settlement
Agreement. This Stipulation is filed on behalf of plaintiff Lisa J.
Miner and defendant Wyeth, who have appeared in the above-captioned
matter. | 5-17-2005 | 5203 | Re: Marianne Williams v. Wyeth (04-26902) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED ADJUDGED and DECREED, pursuant to Federal Rules
of Civil Procedure 41(a)(1)(ii), that plaintiff Kelly D. Williams,
Executor of the Estate of Marianne Williams hereby dismisses with
prejudice this action as to all defendants, Wyeth, with each party
to bear their own costs and counsel fees. This dismissal is without
prejudice to any rights plaintiff Marianne Williams may later
accrue under the nationwide class action settlement
agreement. This Stipulation is filed on behalf of plaintiff Kelly D.
Williams, Executor of the Estate of Marianne Williams and defendant
Wyeth, who have appeared in the above-captioned matter. | 5-17-2005 | 5204 | Re: Kenneth Kaplan v. Wyeth (04-25282) Danielle Kaplan, Administrator of the Estate of Kenneth
Kaplan, Plaintiff in the above-referenced case, 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
Danielle Kaplan, Administrator of the Estate of Kenneth Kaplan and
Defendant stipulate to the dismissal with prejudice of Plaintiff’s
claims. Notwithstanding the foregoing, this Order shall not affect
any right to which plaintiff may be entitled pursuant to the
National Class Action Settlement Agreement with Wyeth. | 5-17-2005 | 5205 | Re: Erma Bennett v. Wyeth (04-20996) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that plaintiff Erma Bennett hereby
dismisses with prejudice this This stipulation is filed on behalf
of plaintiff Erma Bennett and defendant Wyeth, who have appeared in
the above-captioned matter. action as to all defendants, Wyeth, with each party to bear
its own costs and counsel fees. Notwithstanding the foregoing, this
dismissal is without prejudice to any rights plaintiff Erma Bennett
may later accrue under the Nationwide Class Action Settlement
Agreement. | 5-17-2005 | 5206 | Re: Joyce M. Borowiak v. Wyeth (04-29841) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that plaintiff Joyce M. Borowiak
hereby dismisses with prejudice this action as to all defendants,
Wyeth, with each party to bear its own costs and counsel fees.
Notwithstanding the foregoing, this dismissal is without prejudice
to any rights plaintiff Joyce M. Borowiak may later accrue under
the Nationwide Class Action Settlement Agreement. This stipulation is filed on behalf of plaintiff Joyce M.
Borowiak and defendant Wyeth, who have appeared in the
above-captioned matter | 5-17-2005 | 5207 | Re: Victoria Castillo v. Wyeth (04-26439) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that plaintiff Victoria Castillo
hereby dismisses with prejudice this action as to all defendants,
Wyeth, with each party to bear its own costs and counsel fees.
Notwithstanding the foregoing, this Stipulation and Order shall be
subject to the Nationwide Class Action Settlement Agreement. This stipulation is filed on behalf of plaintiff Victoria
Castillo and defendant Wyeth, who have appeared in the
above-captioned matter | 5-17-2005 | 5208 | Re: Ellen Dee Clements v. Wyeth (04-22648) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that plaintiff Ellen Dee Clements
hereby dismisses with prejudice this action as to all defendants,
Wyeth, with each party to bear its own costs and counsel fees.
Notwithstanding the foregoing, this Stipulation and Order shall be
subject to the Nationwide Class Action Settlement Agreement. This stipulation is filed on behalf of plaintiff Ellen Dee
Clements and defendant Wyeth, who have appeared in the
above-captioned matter | 5-17-2005 | 5209 | Re: Sally A. Nystrom v. Wyeth (05-20251) Plaintiff Sally A. Nystrom, by her undersigned counsel,
agrees to dismiss all of her claims against defendant Jerry W.
Swenson, M.D. , with prejudice and without costs taxed to either
party, pursuant to Rule 41(a), Fed.R.Civ.P. | 5-17-2005 | 5210 | Re: Peggy Pierson v. Wyeth (04-26672) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the part of Plaintiff’s
claims based on symptoms indicative of PPH originally pled in her
Complaint be dismissed without prejudice. Plaintiff’s Complaint
alleges, inter alia, injury in the form of PPH in paragraphs 10,
16(b), 26(a), 26(d) and 26(e). 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 Plaintiff meets the definition of PPH as
defined by the criteria set forth in Sections I.46 and I.53 of the
National Settlement Agreement and re-files a claim or action,
Plaintiff may 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 Peggy
Pierson and all Defendants who have appeared in the above-captioned
matter, those being Wyeth, AhP Subsidiary Holding Corporation, and
Indevus Pharmaceuticals, Inc. | 5-17-2005 | 5211 | Re: Duree Saltee v. Wyeth (04-21587) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Duree Saltee
hereby dismisses with prejudice this action as to the defendants
Wyeth, with each party to bear their own costs and counsel fees.
This dismissal is without prejudice to any rights plaintiff Duree
Saltee may later accrue under the Nationwide Class Action
Settlement Agreement. This Stipulation is filed on behalf of plaintiff Duree
Saltee and defendant Wyeth, who have appeared in the
above-captioned matter. | 5-17-2005 | 5212 | Re: Alma Quan v. Wyeth (04-26563) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Alma Quan
hereby dismisses with prejudice this action as to the defendants
Wyeth, with each party to bear their own costs and counsel fees.
This dismissal is without prejudice to any rights plaintiff Alma
Quan may later accrue under the Nationwide Class Action Settlement
Agreement. This Stipulation is filed on behalf of plaintiff Alma Quan
and defendant Wyeth, who have appeared in the above-captioned
matter. | 5-17-2005 | 5213 | Re: Sheila Geeslin v. Wyeth (05-20217) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a) of the Federal Rules of Civil
Procedure, that the claims of plaintiff Natividad Pisaro in the
above-captioned case are hereby dismissed with prejudice as to all
named defendants, with each party to bear its own costs and counsel
fees. This dismissal shall not affect any rights that this
plaintiff may have under the Accelerated Implementation Option of
the Nationwide Class Action Settlement of the litigation against
Wyeth relating to the diet drugs Pondimin and Redux. This Stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-17-2005 | 5214 | Re: Mary L. Showalter v. Wyeth (04-24171) Plaintiff Mary l. Showalter advises the Court that she
wishes to dismiss her 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 Mary L.
Showalter and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Mary L. Showalter’s claims as to defendant
Wyeth. Notwithstanding the foregoing, this Order shall not affect
any right to which plaintiff may be entitled to the Nationwide
Class Action Settlement Agreement with Wyeth. | 5-17-2005 | 5215 | Re: Darlene B. Borget v. Wyeth (04-24065) Plaintiff Darlene B. Borget advises the Court that she
wishes to dismiss her 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 Darlene B.
Borget and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Darlene B. Borget’s claims as to defendant
Wyeth. Notwithstanding the foregoing, this Order shall not affect
any right to which plaintiff may be entitled to the Nationwide
Class Action Settlement Agreement with Wyeth. | 5-17-2005 | 5216 | Re: Coral J. Bateman v. Wyeth (04-24115) Plaintiff Carol J. Batemanr advises the Court that she
wishes to dismiss her 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 Carol J. Batemen
and Defendant Wyeth stipulate to the dismissal with prejudice of
Plaintiff Coral J. Batemen’s claims as to defendant Wyeth. Notwithstanding the foregoing, this Order shall not affect
any right to which plaintiff may be entitled to the Nationwide
Class Action Settlement Agreement with Wyeth. | 5-17-2005 | 5217 | Re: Bonnie J. Allred (Michael D. James) v. Wyeth
(04-23160) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Michael D.
James hereby dismisses with prejudice this action ast to all
defendants with each party to bear its own costs and counsel fees.
This dismissal is without prejudice to any rights plaintiff Michael
D. James may later accrue under the Nationwide Class Action
Settlement Agreement. This Stipulation is filed on behalf of plaintiff Michael D.
James and all partes named as defendants by Michael D. James who
have appeared in the above-captioned matter, Wyeth and Dr. Dorothy
Merritt. | 5-17-2005 | 5218 | Re: Lynda Bell (Maxine Lewis) v. Wyeth (04-26581) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Maxine Lewis
hereby dismisses with prejudice this action as to all defendants,
Wyeth, with each party to bear its own costs and counsel fees. This
dismissal is without prejudice to any rights plaintiff Maxine Lewis
may later accrue under the Nationwide Class Action Settlement
Agreement. This stipulation is filed on behalf of plaintiff Maxine
Lewis and defendant Wyeth, who have appeared in the above-captioned
matter. | 5-17-2005 | 5219 | Re: Mary Beatty v. Wyeth (04-26532) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Mary Beatty
hereby dismisses with prejudice this action as to all defendants,
Wyeth, with each party to bear its own costs and counsel fees. This
dismissal is without prejudice to any rights plaintiff Mary Beatty
may later accrue under the Nationwide Class Action Settlement
Agreement. This stipulation is filed on behalf of plaintiff Mary
Beatty and defendant Wyeth, who have appeared in the
above-captioned matter. | 5-17-2005 | 5220 | Re: Jackqulyn Bodenstedt v. Wyeth (04-26407) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Jackulyn
Bodenstedt hereby dismisses with prejudice this action as to all
defendants, Wyeth, with each party to bear its own costs and
counsel fees. This dismissal is without prejudice to any rights
plaintiff Jackqulyn Bodenstedt may later accrue under the
Nationwide Class Action Settlement Agreement. This stipulation is filed on behalf of plaintiff Jackqulyn
Bodenstedt and defendant Wyeth, who have appeared in the
above-captioned matter. | 5-17-2005 | 5221 | Re: Jeanne S. Gilbert v. Wyeth (04-26538)) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Jeanne S.
Gilbert hereby dismisses with prejudice this action as to all
defendants, Wyeth, with each party to bear its own costs and
counsel fees. This dismissal is without prejudice to any rights
plaintiff Jeanne S. Gilbert may later accrue under the Nationwide
Class Action Settlement Agreement. This stipulation is filed on behalf of plaintiff Jeanne S.
Gilbert and defendant Wyeth, who have appeared in the
above-captioned matter. | 5-17-2005 | 5222 | Re: Charlene Hatley v. Wyeth (04-26673) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the part of Plaintiff’s
claims based on symptoms indicative of PPH originally pled in her
Complaint be dismissed without prejudice. Plaintiff’s Complaint
alleges, inter alia, injury in the form of PPH in paragraphs 10,
16(b), 26(a), 26(d) and 26(e). 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 Plaintiff meets the definition of PPH as
defined by the criteria set forth in Sections I.46 and I.53 of the
National Settlement Agreement and re-files a claim or action,
Plaintiff may 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 Peggy
Pierson and all Defendants who have appeared in the above-captioned
matter, those being Wyeth, AhP Subsidiary Holding Corporation, and
Indevus Pharmaceuticals, Inc. | 5-17-2005 | 5223 | Re: Wanda T. Kizer v. Wyeth (04-23745) AND NOW, this 17th day of May, 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 Elnora Haslett 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. | 5-17-2005 | 5224 | Re: Regina Jones McMullen v. Wyeth (03-20235) AND NOW, this 17th day of May, 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 "Mr. Caldwell" (as he is identified in the December 30,
2002, First Amended Complain in the above-captioned case) are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-17-2005 | 5225 | Re: Linda M. Smith v. Wyeth (04-21694) AND NOW, this 17th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED anRe: d DECREED, pursuant to Rule
41(a) of the Federal Rules of Civil Procedure, that the claims of
plaintiff Linda M. 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 of record | 5-17-2005 | 5226 | Re: Evelyn Johnson v. Wyeth (04-25905) AND NOW, this 17th day of May, 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 Evelyn Johnson in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-17-2005 | 5227 | Re: Virginia N. Cunningham v. Wyeth (04-26053) AND NOW, this 17th day of May, 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 Virginia Cunningham in the above-captioned case are
hereby dismissed with prejudice as to all named defendants, with
each party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-18-2005 | 5228 | Re: Martha Hill v. Wyeth (04-24037) AND NOW, this 18th day of May, 2005, it is hereby ORDERED
that: 1. The motion of plaintiffs to remand in the
above-captioned action is DENIED; and 2. All defendants in the above-captioned action except
Wyeth are DISMISSED. | 5-18-2005 | 5229 | Re: Sheila Brown v. AHP (99-20593) AND NOW, on this 18th day of May, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that
Claimant Susan Black is not entitled to Matrix A-1, Level II
benefits. | 5-18-2005 | 5230 | Re: All Actions It is hereby STIPULATED and AGREED between Fleming &
Associates, L.L.P. and Wyeth, through their respective counsel,
that Fleming & Associates shall file its response in opposition
to Wyeth’s Second Omnibus Motion to Compel on or before May 20,
2005. This extension is for a period of less than 30 days. No
prior extension has been requested or given in this matter. | 5-18-2005 | 5231 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 18th day of May, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The motion of Deborah E. Warren and Donald L. Warren for
echocardiogram screening (Doc. No. 203974) is GRANTED; 2. Claimants Deborah E. Warren and Donald L. Warren shall
have an extension of ninety days from the date of this order in
which to obtain an echocardiogram through the screening program;
and 3. The Trust is ordered to assist counsel for claimants in
making an appointment for these echocardiograms. | 5-18-2005 | 5232 | Re: All Actions AND NOW, this 18th day of May, 2005, upon consideration of
the Escrow Agent’s Twenty-First Petition for Release of Funds from
the MDL 1203 Fee and Cost Account to Pay Refunds, submitted under
seal, it is hereby ORDERED that said petition is granted and PTO
No. 5232(A) shall be filed under seal. | 5-18-2005 | 5232A | Re: All Actions - FILED UNDER SEAL | 5-20-2005 | 5233 | Re: Diana Applegate v. Wyeth (04-21437) AND NOW, this 20th day of May, 2005, pursuant to Rule 41(a)
of the Federal Rules of Civil Procedure, it is hereby ORDERED
that: 1. The joint motion of the parties to dismiss the complaint
with prejudice as to all named defendants is GRANTED; and 2. Each party is to bear its own costs and counsel
fees. | 5-20-2005 | 5234 | Re: Cathy McCarty v. Wyeth (03-20306) AND NOW, this20th day of May, 2005, it is hereby ordered
that the motion of plaintiff to remand is DENIED as moot for the
reason that all claims against the non-diverse defendant have been
dismissed. | 2-20-2005 | 5235 | Re: Minnie White v. Wyeth (05-20016) AND NOW, this 20th day of May, 2005, it is hereby ORDERED
that: 1. The motion of plaintiffs to remand is DENIED; and 2. All defendants in the above-captioned action except
Wyeth, Wyeth-Ayerst International, Inc., Wyeth-Ayerst Laboratories,
and Wyeth-Ayerst Pharmaceuticals, Inc. are DISMISSED. | 5-20-2005 | 5236 | Re: Regina Uwalaka v. Wyeth (03-20301) AND NOW, this 20th day of May, 2005, it is hereby ordered
that the motion of plaintiff to remand is DENIED as moot for the
reason that all claims against the non-diverse defendants have been
dismissed. | 5-20-2005 | 5237 | Re: Sheila Brown v. AHP (99-20593) claimants: Cira
Ayala-Saget, Jean Davis, Sandra L. Katz & Lynda
Vanderspuy 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit Rules"), approved in Pretrial
Order No. 2457, 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. | 5-20-2005 | 5238 | Re: Sheila Brown v. AHP (99-20593) claimants: Cassandra
M. Albers, Terri A. Almond, Debbie Baumgartner, Pamela Bertoch,
Anne Cannon, Beryl Clark, Johnny Dean, Robert Evans, Connie R.
Franklin, Lorilee A. Gill, Kimberly A. Johnson, Debra A. Keller,
Ygnacio Lopez, Catherine Loveless, Pamela McCoy, Lorraine A.
Morris, Penny Mueller, Linda M. Pflug, Brandy Swofford &
Christy Verstraete 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2005 | 5239 | Re: Sheila Brown v. AHP (99-20593) claimants: Jame R.
Ballard, Regina M. Bennett, Emily M. Brinston, Shannon C. Butler,
Arla J. Cochran, Cheryl K. Dawson, Estate of Mary F. Doherty, Donna
Gernandt, John C. Gross, Christine Haase, Glenda S. Macy, Kenneth
Moore, Constance s. Murata, Janet A. Powell, Kimberly J. Swanson,
Shauna Trimm, Sandy Watson, Margaret R. Williams & Marianne
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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2005 | 5240 | Re: Sheila Brown v. AHP (99-20593) claimants: Delores
Bonnett, Russell S. Chapman, Jean Coomeaux, Wanda M. Cooper, Rex E.
Crim, Billie Daniel, Leola Haden, Peggy S. Hatten, Judy Holmes,
Sharon Hughes, Jerald Jensen, Kathleen K. Kallas, Debbie Klatt,
Cleo I. Moriarity, Nancy Neal, Linda Potter, Sharon Rager, Olivia
Rich, Angela K. Twete, & Teresa Whitehead 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2005 | 5241 | Re: Sheila Brown v. AHP (99-20593) claimants: Bette
Bloxham, Virginia S. Brown, Melinda M. Browning, Debra Y.
Champagne, Mary Jeffirs, Ned D. Jenne, Honey Linton, Leslie Logar,
Elizabeth H. Morgan, Melissa D. Morris, Harold Norman, Vickie
Nostrom, Karen Osborne, Patsy Peters, Betty L. Pettingill, Freda G.
Simmons, Nancy K. Sloane, Patricia A. Turner, Jamie Villarreal,
& Rebecca Vincnet 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2005 | 5242 | Re: Sheila Brown v. AHP (99-20593) claimants: Joe M.
Black, Jr., Martha M. Brown, Debbie Crank, John A. Cuccia, Nncy L.
Dickey, David S. Hudson, Gilbert L. Johnson, Laurie M. Jordan,
Shelli Lamphere-Cianci, Barbara A. Lewis, Gina D. Plumlee, Marie
Prince, Jeanne Y. Smith Elida S. Stembridge, Barbara Trigg, diane
Trotter, Midge A. Tschudy, Greta B. Wadlington, Debra D. Williams
& Marie Wyatt 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2004 | 5243 | Re: Sheila Brown v. AHP (99-20593) claimants: Loraine H.
Barrowman, Gaylene J. Beverly, Erma R. Cleeton, Kathy S. Cody,
Marcia L. Cohen, Rosalie Derr, Michael B. Dods, Carolyn Fayall,
Darla J. Johnson, Michael Lopez, Patricia A. Maccarino, Jeanette
Miller, Cynthia A. Renk, Kristi R. Saul, Shanna L. Shurtliff,
Madonna Talley, Claire M. Terrell, Adrienne Walker, Wanda Walker
& Janet 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2005 | 5244 | Re: Sheila Brown v. AHP (99-20593) claimants: Sherryl
Allan, Robert Baumgardner, Euretha Carswell, Nancy Edington, Helen
Goodman, William W. Hanson, Cathy Jennings, Shallie L. Johnson,
Kathryn A. Keel, Martha J. Kempter, Jesse Lillard, Rosemary Marsh,
Jeri Newman, Robert L. Olsen, James S. Owens, Brigette S.Ratzlaff,
Edith Seipp, Cassandra Smith, Miriam Smith, & Mary
Wolfe-Shifflett 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2005 | 5245 | Re: Sheila Brown v. AHP (99-20593) claimants: Debra
Boesker, Diane Boulanger, Loretta B. Castillo, Maria H. Chmura,
Judy E. Clark, Ellie P. Cole, Carol A. Glidewell, Wanda Hanson,
Bonnie C. Harrison, Geraldine James, Shirley McBride, Sandralee
McCormick, Estate of Brenda J. Moreno, Elliot J. Palay, Estate of
Johanna M. Tasoulis, Lorraine R. Waage, Steven M. Whisler, &
Dorothy N. 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2005 | 5246 | Re: Sheila Brown v. AHP (99-20593) claimants: Maxine C.
Alexander, Estate of Michelle T. Brown, Claudia K. Dwyer, Kerensa
C. Evans, Susan Gauntt, Estate of Daniel Lancaster, Billie A.
Littleton, Vaughncille Molden, Ilah R. Stone & Barbara H.
Williams 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 ("Applications"), filed by the AHP Settlement Trust
("Trust"), relating to the audited claims of the above-referenced
Claimants. Accordingly, pursuant to the Rules for the Audit of
Matrix Compensation Claims ("Audit 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. | 5-20-2005 | 5247 | Re: Judith Scott v. Wyeth (05-202440 AND NOW, this 20th day of May, 2005, it is hereby ORDERED
that: 1. The motion of plaintiff to remand is DENIED; AND 2. All claims against defendant Joe H. Kelly are
DISMISSED. | 5-20-2005 | 5248 | Re: Harmon (02-20082), Stalling (02-20118), Chandler
(02-20120), Binion (02-20119), Mosley (02-20112) & Robbins
(02-20081) v. Wyeth AND NOW, this 20th day of May, 2005, it is hereby ORDERED
that plaintiffs’ motions for leave of court to designate experts in
six above-captioned actions are DENIED as moot. | 5-20-2005 | 5249 | Re: Sheila Brown v. AHP (99-20593) claimant: Lula
Beach For good cause shown, Claimant, Lula Beach, Executor of the
Estate of James L. Beach, Deceased’s and AHP Settlement Trust’s
Joint Motion to Supplement the Record is GRANTED. The Lula Beach
record on appeal is hereby supplemented with the AHP Settlement
Trust’s Response to the Special Master’s Decision Regarding Clamant
Lula Beach’s Petition to Submit New Evidence. | 5-20-2005 | 5250 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 20th day of May, 2005, it is hereby ORDERED
that the motion of Lula Beach, executor of the estate of James L.
Beach, to stay appeal (Doc. No. 520) is DENIED. | 5-20-2005 | 5251 | Re: Walton (03-20589), Graves (03-20585), Holcomb
(03-20762), Dickey (03-20631), Bolton (03-20586) & Lizana
(03-20627) v. Wyeth AND NOW, this 20th day of May, 2005, it is hereby ORDERED
that plaintiffs’ motions to stay proceedings in the six
above-captioned actions are DENIED as moot. The Special Discovery
Master has granted a stay of discovery in these matters until
January 2006. | 5-20-2005 | 5252 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 20th day of May, 2005, it is hereby ORDERED
that: 1. Whenever this court enters and order dismissing all
claims against a defendants in an action that is part of MDL 1203,
that defendant shall be terminated and all pending motions related
to that defendant shall be deemed DENIED as moot; and 2. The deputy clerk is hereby authorized to make said
pending motions terminated without further order of the
court. | 5-23-2005 | 5253 | Re: Gwen Gibson (03-20313) (Wayne Bohanon, Shaye Boyd,
Minnie Hayes, Roslind M. Houston, Sherita King, Alene Leveston,
Frances O. Walker, & Mary Woodard) v. Wyeth AND NOW, this 23rd day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiffs Wayne
Bohanon, Minnie Hayes, Roslind M. Houston, Sherita King, Alene
Leveton, Frances O. Walker, and Mary Woodard hereby dismiss without
prejudice this action as to all defendants in the above-captioned
matter, 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. This Stipulation is filed on behalf of plaintiffs Wayne,
Bohanon, Shaye Boyd, Minnie Hayes, Roslind M. Houston, Sherita
King, Alene Leveston, Frances O. Walker, and Mary Woodard and
defendant Wyeth, who have appeared in the above-captioned
matter. | 5-23-2005 | 5254 | Re: Judith Powell v. Wyeth (04-21879) THIS MATTER comes before the Court on the stipulated joint
motion of plaintiff Judith Powell and the Defendants to dismiss the
claims of Plaintiff Judith Powell without prejudice against
Defendants. AND NOW, this 23rd day of May, 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. This Stipulation is filed on behalf of plaintiff and all
Defendants who have appeared in the above-captioned matters. Those
being Wyeth and AHP Subsidiary Holding Corporation. | 5-23-2005 | 5255 | Re: Louticia Filla v. Wyeth (04-26606) AND NOW, this 23rd day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Louticia
Filla hereby dismisses with prejudice this action as to all
defendants, Wyeth and Dean C. Solcher, M.D., with each party to
bear its own costs and counsel fees. This dismissal is without
prejudice to any rights plaintiff Louticia Filla may later accrue
under the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of plaintiff Louticia
Filla and defendants Wyeth and Dean C. Solcher, M.D., who have
appeared in the above-captioned matter. | 5-23-2005 | 5256 | Re: Isabella Kalbakian (04-30002) & Sheryl Smith
(04-29652) v. Wyeth AND NOW, this 23rd day of May, 2005. it is hereby ORDERED
that: 1. The motions of plaintiffs to remand the above-captioned
actions to the Superior Court of Los Angeles County, California are
DENIED; and 2. All defendants in the above-captioned actions except
Wyeth are DISMISSED. | 5-23-2005 | 5257 | Re: Brenda Cook v. Wyeth (04-29863) AND NOW, this 23rd day of May, 2005, 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. The claims against all defendants except Wyeth are
DISMISSED. | 5-23-2005 | 5258 | Re: Mark Gill (03-20553) v. Wyeth AND NOW, this 23rd day of May, 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 Defendants, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. 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, and Plaintiff
shall name no new defendants. |
|
5-23-2005 | 5258 | Re: Mark Gill (03-20553) v. Wyeth AND NOW, this 23rd day of May, 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 Defendants, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. 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, and Plaintiff
shall name no new defendants. | 5-24-2005 | 5259 | Re: Katherine Perkins v. Wyeth (05-20017) AND NOW, this 24th day of May, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The motion of plaintiffs to remand to the District Court
of Jefferson County, Kentucky is DENIED; and 2. The claims against all defendants except Wyeth,
Wyeth-Ayerst Pharmaceuticals, Inc., and Wyeth-Ayerst International,
Inc. are DISMISSED. | 5-24-2005 | 5260 | Re: Sheila Brown (99-20593), Kay Alred (04-25063), Bernard
Benzel (04-21183), Shirley Bones (04-26191), Estate of Billy Ray
Booth (04-21808), Betty Jo Bridenstine (03-20526), Dorothy Coler
(04-21470), Kathy Gastmann (04-26178), Janice Haning (04-22797),
Linda C. Holloway (04-26839), Micki D. Hornsby (04-22919), Judith
Ryan (04-23948) & Caroline Westcott (04-25064) v. Wyeth AND NOW, this 24th day of May, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that the
following motions are DENIED: 1. "Unopposed motion to revoke intermediate opt-out" of
Carolyn Westcott in Westcott v. Wyeth; 2. "Unopposed motion to revoke intermediate opt-out and
request return to class settlement" of Beverly Nelson in
Bridenstine v. AHP; 3 "Unopposed motion to revoke intermediate opt-out" of
Geraldine Cole in Alred v. Wyeth; 4.:Unopposed motion to revoke intermediate opt-out" of
David Kernan in Haning v. Wyeth ; 5. "Unopposed motion to revoke intermediate opt-out" of
Greg Francil in Coler v. Weyth; 6. "Unopposed motion to revoke intermediate opt-out" of
James C. Anderson in Coler v. Wyeth; 7. "Unopposed motion to revoke intermediate opt-out" of
Esther Nelson in Coler v. Wyeth ; 8. "Unopposed motion to revoke intermediate opt-out" os
Sheila Sedam in Gastmann v. Wyeth; 9. "Unopposed motion to revoke intermediate opt-out" of
Deborah Lemen in Gastmann v. Wyeth; 10. "Unopposed motion to revoke intermediate opt-out" of
Teresa L. Erb in Bones v. Wyeth; 11. "Unopposed motion to revoke intermediate opt-out" of
Judith Ryan in Ryan v. Wyeth; 12. "Unopposed motion to revoke intermediate opt-out and
back-end opt-out" of Bernard Benzel in Benzel v. Wyeth; 13. Motion of Micki Hornsby "to revoke intermediate opt-out
and for leave to register for claim benefits" in Brown v.
AHO; 14. Motion of Linda Holloway "to revoke intermediate
opt-out and for leave to register claim for benefits" in Brown v.
AHP; 15. Motion of Marjorie Schloss "to seek leave to register
for benefits with the Trust after the May 3, 2003 deadline" in
Brown v. AHP; 16. Motion of Betty J. Ware "to seek leave to register for
benefits with the Trust after the May 3, 2003 deadline" in Booth v.
Wyeth; and 17. Motion of Cecil and Virginia Wright "to seek to leave
to register for the benefits with the trust after the May 3, 2003
deadline" in Brown v. AHP. | 5-25-2005 | 5261 | Re: Cheryl Yvonne Barnett v. Wyeth (03-20460) AND NOW, this 25th day of May, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The unopposed motion of Wyeth to dismiss with prejudice
is GRANTED. Sanctions in the form os costs and attorney’s fees in
the amount to be determined will be imposed jointly and severally
on Cheryl Yvonne Barnett and Richard N. Laminack, Esquire.; 2. Wyeth shall submit within 15 days an affidavit or
affidavits containing in detail its costs and attorney fees. It
shall identify the attorneys, the hourly rates, the number of hours
worked, and a description of the specific work done; 3. Plaintiff and plaintiff’s counsel may submit response
within 15 days after service of Wyeth’s affidavit (s); 4. The motion of Wyeth "to compel plaintiff’s deposition as
related to fraudulent claim that she was injured by ingesting Redux
in 1989" is DENIED as moot; and 5. The unopposed motion of Wyeth for summary judgment is
DENIED as moot. | 5-25-2005 | 5262 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 25th day of May, 2005, upon consideration of
Class Counsel’s Motion on Behalf of Fund Administrator for Court
Approval of Third Authorization Application, the attached Third
Authorization Application is Approved by the Court. It is further
ordered that PNC Bank, N.A., the "Escrow Agent" for the Seventh
Amendment to the Nationwide Class Action Settlement with AHP, shall
release funds held in escrow pursuant to the terms of the Seventh
Amendment for the payment of expenses, fees and costs itemized in
the attached Third Authorization Application that this Order
approves. Accordingly, it is ORDERED that the Escrow Agent shall
release funds for the following items: 1. Payment of invoice of Fund Administrator for services,
expenses and fees for the period February 16 to March 16, 2005
pursuant to its third invoice in the amount of $1,265,692.48; 2. Payment of invoices of the members of the MRCC as
follows: A. Gregg J. Reis, M.D. $13,250.00 B. Dean G. Karalis, M.D. $22,000.00 C. Frank Silvestry, M.D. $14,500.00 | 5-25-2005 | 5263 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 25th day of May, 2005, it is hereby ORDERED
that the petition and amended petition of objector Joel
Zuckerberg’s for award of attorneys’ fees and expenses to
objectors’ counsel are DENIED without prejudice. | 5-26-2005 | 5264 | Re: All Actions FILED UNDER SEAL AND NOW, May, 26, 2005, upon consideration of PMC’s Motion
for Release and Use of Funds form the MDL 1203 Fee and Cost
Account, established by Gregory Miller, Esquire, Escrow Agent, it
is hereby ORDERED and DECREED that said Motion is GRANTED and
Gregory Miller, Esquire, is directed to make payment on invoices
totaling Seventy Nine Thousand Four Hundred Seventy-One Dollars and
Fourteen Cents to the PMC Fen-Phen Litigation Account, by wire
transfer. | 5-25-2005 | 5265 | Re: Ron Weaver v. Wyeth (05-20155) AND NOW, this 25th day of May, 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
Defendant Lawrence A. Baker, D.O. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff Ron Weaver
and Defendant Lawrence A. Baker, D.O. who have appeared in the
above-captioned matter. | 5-25-2005 | 5266 | Re: Linda Shill v. Wyeth (04-25838) AND NOW, this 25th day of May, 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
Defendant Richard B. Whitehead, M.D. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff Linda
Shill and Defendant Richard B. Whitehead, M.D. who have appeared in
the above-captioned matter. | 5-25-2005 | 5267 | Re: Frank Rodriguez v. Weyth (04-27056) AND NOW, this 25th day of May, 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
Defendant Anthony G. Rodas, M.D. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff Frank
Rodriguez and Defendant Anthony G. Rodas, M.D. who have appeared in
the above-captioned matter. | 5-25-2005 | 5268 | Re: William Partrite v. Wyeth (04-28565) AND NOW, this 25th day of May, 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
Defendant Arthur M. Inoshita, M.D., Theodore W. Hole, M.D., and
Ronald H. Chochinov, M.S.only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff William
Partrite and Defendants Arthuir M. Inoshita, M.D., Theodore W.
Hole, M.D. and Ronald H. Chochinov, M.D. who have appeared in the
above-captioned matter. | 5-25-2005 | 5269 | Re: Judy Kear v. Wyeth (04-27089) AND NOW, this 25th day of May, 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
Defendant Richard Wolf, M.D. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff Judy Kear
and Defendant Richard Wolf, M.d. who have appeared in the
above-captioned matter. | 5-25-2005 | 5270 | Re: Ed Hooper v. Wyeth (05-20318) AND NOW, this 25th day of May, 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
Defendant Ajitpal S. Tiwana, M.D. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff Ed Hooper
and Defendant Ajitpal S. Tiwana, M.D. who have appeared in the
above-captioned matter. | 5-25-2005 | 5271 | Re: Shirley Dipaola v. Wyeth (04-27359) AND NOW, this 25th day of May, 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
Defendant David W. Schwartz, M.D. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff Shirley
Dipaola and Defendant David W. Schwartz, M.D. who have appeared in
the above-captioned matter. | 5-25-2005 | 5272 | Re: Jeanne Conklin v. Wyeth (05-20139) AND NOW, this 25th day of May, 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
Defendant David J. Carty, M.D. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff Jeanne
Conllin and Defendant David J. Carty, M.D., who have appeared in
the above-captioned matter. | 5-25-2005 | 5273 | Re: John Bixler v. Wyeth (05-20162) AND NOW, this 25th day of May, 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
Defendant Said L. Elzayat, M.D. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff John
Bixler and Defendant Said L. Elzayat. who have appeared in the
above-captioned matter. | 5-25-2005 | 5274 | Re: Marion F. Baxter v. Wyeth (04-27339) AND NOW, this 25th day of May, 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
Defendant Marie S.A. Umali, M.D. only, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such agreement. This Stipulation is filed on behalf of plaintiff Marion F.
Baxter and Defendant Marie S.A. Umali, M.D. who have appeared in
the above-captioned matter. | 5-25-2005 | 5275 | RE: Marel J. Sigsway v. Wyeth (04-22661) Plaintiff marel J. Sigsway advises the court that she
wishes to dismiss her 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 Marel J. Sigsway
and Defendant Wyeth stipulate to the dismissal with prejudice of
Plaintiff Marel J. Sigsway’s claims as to defendant Wyeth. 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. | 5-25-2005 | 5276 | Re: Joan McCormick v. AHP (02-20219) IT IS HEREBY STIPULATED by and between plaintiff Joan
McCormick, and Defendant John D. Olson, M.D., through their
respective counsel, that the petition for damages filed by
plaintiff against defendant in the above-captioned matter is
dismissed with prejudice as to this defendant only and without
costs to either party. This stipulation may be signed in
counterparts and, if so signed, shall have the same force and
effect as if all signatories had executed one copy. | 5-25-2005 | 5277 | Re: Rosalind Peychaud v. Wyeth (02-20223) IT IS HEREBY STIPULATED by and between plaintiff Rosalind
Peychaud, and Defendant Jack Andonie, M.D., through their
respective counsel, that the petition for damages filed by
plaintiff against defendant in the above-captioned matter is
dismissed with prejudice as to this defendant only and without
costs to either party. This stipulation may be signed in
counterparts and, if so signed, shall have the same force and
effect as if all signatories had executed one copy. | 5-25-2005 | 5278 | Re: Mary Ann Grant v. Wyeth (04-28548) AND NOW, this 25th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a), that the claims of plaintiff Beverly
Buxton in the above-captioned case are hereby dismissed with
prejudice as to all named defendant, with each party to bear its
own costs and counsel fees. This Stipulation complies with Rule 41(a) of the Federal
Rules of Civil Procedure. All parties in this action who have
entered an appearance have executed this dismissal through the
undersigned counsel of record. | 5-25-2005 | 5279 | Re: Kelvin Crowder v. Wyeth (04-28572) AND NOW, this 25th day of May, 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
defendant Wyeth, with each party to bear their own costs and
counsel fees. IT IS FURTHER ORDERED that if plaintiff ever reinstates a
lawsuit(s) against any of the defendants herin based on any alleged
damages caused by fenfluramine, dexfenfluramine or phentermine,
such action(s) shall be filed in federal court. | 5-25-2005 | 5280 | Re: Penny Balogh v. Weyth (05-20252) AND NOW, this 25th day of May, 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
defendant Wyeth, with each party to bear their own costs and
counsel fees. IT IS FURTHER ORDERED that if plaintiff ever reinstates a
lawsuit(s) against any of the defendants herin based on any alleged
damages caused by fenfluramine, dexfenfluramine or phentermine,
such action(s) shall be filed in federal court. | 5-25-2005 | 5281 | Re: Elvia Aguirre (Janice E. Reeves) v/ Wyeth
(04-27317) AND NOW, this 25th day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Janice E.
Reeves hereby dismiss with prejudice this action as to all
defendants, Wyeth, with each party to bear their own costs and
counsel fees. 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 10, 2004, and agreed to by Wyeth on May 5,
2004. This Stipulation is filed on behalf of plaintiff Janice E.
Reeves and defendant Wyeth, who have appeared in the
above-captioned matter. | 5-26-2005 | 5282 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 26th day of May, 2005, it is hereby ORDERED
that the motion of class members represented by the law offices of
Charles F. Abbott, PC, also known as Abbott & Walker, PC, to
disqualify Dr. Joseph Kisslo and Dr. Neil Weissman from participating
in the training of auditing cardiologists is DENIED. | 5-26-2005 | 5283 | 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. | 5-26-2005 | 5284 | Re: Bonnie Becker v. Wyeth (04-21907) AND NOW, this 26th day of May, 2005, 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 $250.00 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. | 5-26-2005 | 5285 | Re: Brenda Brice V. AHP (02-20144) AND NOW, this 26th day of May, 2005, 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 $250.00 shall be
remittedto 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. | 5-26-2005 | 5286 | Re: Renia Davis v. Wyeth (04-20371) AND NOW, this 26th day of May, 2005, 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 $250.00 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. | 5-26-2005 | 5287 | Re: Doris V. Waldron v. Wyeth (04-26196) AND NOW, this 26th day of May, 2005, 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 $250.00 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. | 5-26-2005 | 5288 | Re: Eldifonsa Soliz v. Wyeth (04-27321) AND NOW, this 26th day of May, 2005, 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 $250.00 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. | 5-26-2005 | 5289 | Re: Velma L. Patrick v. Wyeth (05-20565) AND NOW, this 26th day of May, 2005, 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 $250.00 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. | 5-26-2005 | 5290 | Re: Tammy Holt v. Wyeth (05-20576) AND NOW, this 26th day of May, 2005, 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 $250.00 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. | 5-26-2005 | 5291 | Re: Mary S. Clayton v. Wyeth (04-27093) AND NOW, this 26th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5292 | Re: Andrea Odom v. Wyeth (04-26764) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5293 | Re: Clinton F. Fregia v. Wyeth (04-21388) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5294 | Re: Jessica Beloney v. Wyeth (04-26698) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5295 | Re: Caroll Baldridge v. Wyeth (04-26727) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5296 | Re: Lynn L. Crane v. Wyeth (04-26818) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5297 | Re: Judy Anderson v. Wyeth (04-27240) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5298 | Re: Barbara J. Barker v. Wyeth (04-27320) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5299 | Re: Tami J. Abernathy v. Wyeth (04-27092) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5300 | Re: Connie R. Best v. Wyeth (04-26819) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-27-2005 | 5301 | Re: Glenda K. Coffman v. Wyeth (04-27097) AND NOW, this 27th day of May, 2005, 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 $250.00 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. | 5-31-2005 | 5302 | Re: Connie Appleton v. Wyeth (04-28537) COME NOW the plaintiff, Connie Appleton, and the defendant,
Wyeth and stipulate to the dismissal of the claims of Connie
Appleton in the above-styled and numbered cause without prejudice.
In the event that plaintiff, Connie Appleton, shall name no new
defendants, nor assert new claims, and plaintiff, Connie Appleton,
may refile this case only in Federal Court. | 5-31-2005 | 5303 | Re: Donna C. Turner v. Wyeth (03-20433) AND NOW, this 31st day of May, 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 without prejudice as to
all Defendants, 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 this Order shall not affect any right to
which plaintiff may be entitled pursuant to such Agreement. 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, and Plaintiff
shall name no new defendants This Stipulation is filed on behalf of plaintiff Donna C.
Turner and all Defendants who have appeared in the above-captioned
matter, those being Wyeth, Wyeth Pharmaceuticals, Wyeth-Ayerst
Pharmaceuticals, Inc., and Wyeth-Ayerst International, Inc. | 5-31-2005 | 5304 | Re: Evangelette Hobbs v. Wyeth (04-27203) AND NOW, this 31st day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Evangelette
Hobbs hereby dismisses with prejudice this action as to all
defendants Wyeth, A.H. Robins, Wyeth-Ayerst Pharm., Inc.,
Wyeth-Ayerst Labs and American Cyanamid Company, Robert H. Falke,
Linda Jean Lorch and Michelle Herren, with each party to bear its
own costs and counsel fees. This dismissal is without prejudice to
any rights plaintiff Evangelette Hobbs may later accrue under the
Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff
Evangelette Hobbs and defendants Wyeth, Robert H. Falke, Linda Jean
Lorch and Michelle Herren-Pavelec, who have appeared in the
above-captioned matter. | 5-31-2005 | 5305 | Re: Kelly Wilson v. Wyeth (191 AND NOW, this 31st day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Kelly Wilson
hereby dismisses with prejudice this action as to all defendants
Wyeth, A.H. Robins, Wyeth-Ayerst Pharm., Inc., Wyeth-Ayerst Labs
and American Cyanamid Company, Robert H. Falke, Linda Jean Lorch
and Michelle Herren, with each party to bear its own costs and
counsel fees. This dismissal is without prejudice to any rights
plaintiff Kelly Wilson may later accrue under the Nationwide Class
Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff Kelly
Wilson and defendants Wyeth, Robert H. Falke, Linda Jean Lorch and
Michelle Herren-Pavelec, who have appeared in the above-captioned
matter. | 5-31-2005 | 5306 | Re: Charles Chatman v. Wyeth (04-27197) AND NOW, this 31st day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Charles
Chatman hereby dismisses with prejudice this action as to all
defendants Wyeth, A.H. Robins, Wyeth-Ayerst Pharm., Inc.,
Wyeth-Ayerst Labs and American Cyanamid Company, Robert H. Falke,
Linda Jean Lorch and Michelle Herren, with each party to bear its
own costs and counsel fees. This dismissal is without prejudice to
any rights plaintiff Charles Chatman may later accrue under the
Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff Charles
Chatman and defendants Wyeth, Robert H. Falke, Linda Jean Lorch and
Michelle Herren-Pavelec, who have appeared in the above-captioned
matter. | 5-31-2005 | 5307 | Re: Rose Edwards v. Wyeth (04-27206) AND NOW, this 31st day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Rose Edwards
hereby dismisses with prejudice this action as to all defendants
Wyeth, A.H. Robins, Wyeth-Ayerst Pharm., Inc., Wyeth-Ayerst Labs
and American Cyanamid Company, Robert H. Falke, Linda Jean Lorch
and Michelle Herren, with each party to bear its own costs and
counsel fees. This dismissal is without prejudice to any rights
plaintiff Rose Edwards may later accrue under the Nationwide Class
Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff Rose
Edwards and defendants Wyeth, Robert H. Falke, Linda Jean Lorch and
Michelle Herren-Pavelec, who have appeared in the above-captioned
matter. | 5-31-2005 | 5308 | Re: Quencelia Graves v. Wyeth (04-27193) AND NOW, this 31st day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Quencelia
Graves hereby dismisses with prejudice this action as to all
defendants Wyeth, A.H. Robins, Wyeth-Ayerst Pharm., Inc.,
Wyeth-Ayerst Labs and American Cyanamid Company, Robert H. Falke,
Linda Jean Lorch and Michelle Herren, with each party to bear its
own costs and counsel fees. This dismissal is without prejudice to
any rights plaintiff Quencelia Graves may later accrue under the
Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff Quencelia
Graves and defendants Wyeth, Robert H. Falke, Linda Jean Lorch and
Michelle Herren-Pavelec, who have appeared in the above-captioned
matter. | 5-31-2005 | 5309 | Re: Geneve Green v. Wyeth (04-27187) AND NOW, this 31st day of May, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Geneva Green
hereby dismisses with prejudice this action as to all defendants
Wyeth, A.H. Robins, Wyeth-Ayerst Pharm., Inc., Wyeth-Ayerst Labs
and American Cyanamid Company, Robert H. Falke, Linda Jean Lorch
and Michelle Herren, with each party to bear its own costs and
counsel fees. This dismissal is without prejudice to any rights
plaintiff Geneva Green may later accrue under the Nationwide Class
Action Settlement Agreement. This Stipulation is filed on behalf of Plaintiff Geneva
Green and defendants Wyeth, Robert H. Falke, Linda Jean Lorch and
Michelle Herren-Pavelec, who have appeared in the above-captioned
matter. | 5-31-2005 | 5310 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 31st day of May, 2005, it is hereby ORDERED that
the motion of "objectors/appellants for reconsideration of Pretrial
Order 5184" (Doc. No. 1985) is DENIED. | 5-31-2005 | 5311 | Re: All Actions AND NOW, TO WIT, this 31st day of May, 2005, upon
consideration of the Thirty-Seventh 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
$2,006.05 for the period from 04-01-05 through 04-30-05 in
accordance with the procedure established by the Court. | 5-31-2005 | 5312 | Re: All Actions AND NOW, TO WIT, this 31st day of May, 2005, upon
consideration of the Fifty-Third Application by Special Master to
the AHP Settlement Trust for Interim Compensation and Reimbursement
of Expenses (04-01-05 through 04-30-05), 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 $115,564.53 the period
from 04-01-05 through 04-30-05, in accordance with the procedure
established by the Court. | 5-31-2005 | 5313 | Re: All Actions AND NOW, TO WIT, this 31st day of May, 2005, upon
consideration of the Eighty-Fifth Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expenses
(04/01/05 through 04/30/05), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that the parties
reimburse the Special Discovery Master for disbursements in the
amount of $127,507.34 for the period from 04/30/05 through
04/30/05, in accordance with the procedure established by the
court. | 5-31-2005 | 5314 | Re: All Actions AND NOW, TO WIT, this 31st day of May, 2005, upon
consideration of the Fifty-Ninth Application by Escrow Agent for
Interim Compensation and Reimbursement of Expenses (04/01/05
through 04/30/05), 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 in the amount of
$27,143.56 for the period from 04/01/05 through 04/30/05), in
accordance with the procedure established by the Court. | 6-1-2005 | 5315 | Re: Sheila Brown v. AHP (99-20593) WHEREAS, Pretrial Order 3882 directs that Class Counsel and
Wyeth determine if High Level Claims within the scope of the
Parallel Processing Procedures are sufficiently complete within the
meaning of the Settlement Agreement to permit making a
determination of eligibility for Matrix Compensation benefits as
High Level Claim; WHEREAS, Pretrial Order No. 3882 directs that Wyeth review
each completed High Level Claim and designate if the claim is
Payable, and if Payable, the benefit level and amount of the
claim; WHEREAS, Pretrial Order 3882 directs the Trust to aggregate
all claims designated as Payable by Wyeth during the preceding
month and to file with the Court a motion for an Order authorizing
the Trust to pay the claims in accordance with the amount
determined by Wyeth; and WHEREAS, Wyeth designated the claims set forth on Schedule
1 hereto as Payable at the benefit levels and amounts set forth
therein. NOW, THEREFORE, this 1st day of June, 2005, upon
consideration of the Motion of the AHP Settlement Trust to Pay
Claims Designated As Payable By Wyeth Pursuant To Pretrial Order
No. 3882 (the "Motion"), the two supplements to the Motion, and any
response thereto, it is hereby ORDERED AND DECREED that the Motion,
as supplemented, is GRANTED. The Trust shall pay those claims
designated as Payable by Wyeth on Schedule 1 attached hereto, at
the benefit levels and in the amounts determined by Wyeth as set
forth therein in accordance with Pretrial Order 3882. Payment under
this Order is subject to the resolution of any outstanding
subrogation claims pursuant to the terms of the Settlement
Agreement. | 6-1-2005 | 5316 | Re: Sheila Brown v. AHP (99-20593) STIPULATION FOR EXTENSION OF TIME FOR WYETH TO RESPOND TO
CLAIMANT’S MOTION FOR AN ORDER DETERMINING THAT HER
PRIVATELY-OBTAINED ECHOCARDIOGRAM OF 03/20/03 WAS TIMELY PERFORMED
UNDER THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT It is hereby STIPULATED and AGREED by and between Linda S.
Clark, represented by Hutton & Hutton Law Firm. L.L.P., and
Defendant Wyeth, through their respective undersigned counsel, that
Wyeth shall have an extension of time up to and including June 9,
2005 to respond to Ms. Clark’s Motion for an Order Determining That
Her Privately-Obtained Echocardiogram of 03/20/05 was Timely
Performed Under the Nationwide Class Action Settlement
Agreement. This extension is for a period of less than thirty (30)
days. No prior extension has been requested or given in this
matter. | 6-1-2005 | 5317 | Re: Linda S. Kirouac v. Wyeth (04-25232) AND NOW, this 1st day of June, 2005, it is hereby ORDERED
that the unopposed motion of Wyeth to dismiss the above action is
GRANTED. | 6-1-2005 | 5318 | Re: Elizabeth Arnold (03-20555), Cindy Burton (99-20607),
Adele R. Girodano (03-20412), Scott Spielberg (03-20303) &
Carrie Wilson (03-20063) v. Wyeth AND NOW, this 1st day of June, 2005, upon consideration of
the unopposed motion and detailed representations of counsel in the
above-captioned matters in support of allowing them to withdraw as
counsel for plaintiffs in the above-captioned action, it is hereby
ORDERED that withdraw is permitted, subject to the following
conditions: 1. Plaintiffs’ counsel shall send a letter to plaintiffs by
certified mail that will include the following: A. A copy of this order; B. A statement outlining to plaintiffs the importance of
their proceeding on this case with counsel familiar with the law and th procedures in Federal court of
cases similar to this case; C. Plaintiffs’ counsels’ letter shall also provide that
plaintiffs shall have 30 days from the date of this order to secure new counsel if plaintiffs intend to proceed
with counsel in this matter; D. Plaintiffs’ counsel’s letter shall also state that the
court intends to grant plaintiffs’ present counsels’ motion to withdraw at the expiration of the 30-day period,
and the case shall proceed on its normal trial schedule whether or not plaintiffs have secured new
counsel; and E. Plaintiffs’ counsel may include any other matter that
plaintiffs’ counsel believes is pertinent in the letters to plaintiffs; 2. Plaintiffs’ counsel shall file with the Clerk of Court
within 10 days of the date of this order a certificate that both
evidences that plaintiffs’ counsel has complied with all of the
foregoing requirements of this order and states the plaintiffs’
last known addresses; and 3. Thirty (30) days from the date of this order, provide
all the foregoing steps have been completed by plaintiffs’ counsel,
plaintiffs’ counsel shall be deemed to be released from further
responsibility from the court as counsel for plaintiffs in this
civil action. | 6-3-2005 | 5319 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 3rd day of June, 2005, it is hereby ORDERED
that: 1. Whenever this court enters an order dismissing all
claims brought by a plaintiff in an action that is part of
multi-district litigation (MDL) 1203, that plaintiff shall be
terminated and all pending motions related to that plaintiff shall
be deemed DENIED as moot; and 2. The deputy clerk is hereby authorized to make said
pending motions terminated without further order of the
court. | 6-3-2005 | 5320 | Re: Kelly Travis, brendan Travis and Bo Travis v. Wyeth
(04-23149) AND NOW TO WIT: this 3rd day of June, 2005, it having been
reported that plaintiff, Kelly Travis, individually and on behalf
of her minor children, Brendan Travis and Bo Travis, wishes to
dismiss this matter with prejudice pursuant to Rule 41 of the
Federal Rule of Civil Procedure, it is hereby ORDERED that, pursuant to agreement of counsel, all claims
of plaintiff Kelly Travis, individually and on behalf of her minor
children, Brendan Travis and Bo Travis, in the above-captioned
action are DISMISSED with prejudice and without costs as to all
named Defendants. | 6-6-2005 | 5321 | Re: Lori Sobkowski v. Wyeth (04-27154) AND NOW TO WIT: This 6th day of June, 2005 it having been
reported that the issues between the parties in the above listed
action have been settled, and upon Order of the Court pursuant to
Rule 41.1(b) of the Local Rules of Civil Procedure of this Court,
it is hereby ORDERED that, pursuant to agreement of counsel, the above
listed case is DISMISSED with prejudice and without costs to all
named Defendants. | 6-6-2005 | 5322 | Re: John Mudri v. Wyeth (05-20243) AND NOW TO WIT: This 6th day of June, 2005 it having been
reported that the issues between the parties in the above listed
action have been settled, and upon order of the court pursuant to
Rule 41.1(b) of the Local Rules of Civil Procedure of this Court,
it is hereby ORDERED that, pursuant to agreement of counsel, the above
listed case is DISMISSED with prejudice and without costs as to all
named Defendants. | 6-8-2005 | 5323 | Re: Cynthia Acosta (02-20143), Rosalie Bergeron (02-20136),
Karen Billingsly (04-25058), Lana Bond (04-21919), Gale Bouchillon
(04-20739), Beth Branch (04-25106), Tarus Burrell (04-21364), Annie
Callihan (04-21754), Pamela Chapman (04-25095), Rosalyn Daigle
(03-20130), Patti Ford (04-24045), Joann Forister (02-20204), Karen
Frank (04-26163), Gail Mary Frazier (98-20684), Martha Green
(03-20234), Eddie Nicholson (02-20211), Eristis Poindexter
(04-25091), Paula Pomansky (02-20252), Jerry Sublet (04-24043),
Sharron Turner (04-25087), Estate of Lois Wren (04-21678) & Fay
Minnie Wreyford (04-20799) v. Wyeth AND NOW, this 8th day of June, 2005, it is hereby ORDERED
that the motions of counsel for plaintiffs in the above-captioned
actions to withdraw as counsel are DENIED without prejudice. See
Hargrove v. City of Philadelphia. | 6-10-2005 | 5324 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 10th day of June, 2005, upon consideration of
Class Counsel’s Motion on behalf of Fund Administrator for Court
Approval of Fourth Authorization Application, the attached Fourth
Authorization Application is Approved by the Court. It is further
Ordered that PNC Bank, N.A., the "Escrow Agent" for the Seventh
Amendment to the Nationwide Class Action Settlement with AHP, shall
release funds held in escrow pursuant to the terms of the Seventh
Amendment for the payment of expenses, fees and costs itemized in
the attached Fourth Authorization Application that this Order
approves. Accordingly, it is ORDERED that the Escrow Agent shall
release funds for the following items: 1. Payment of invoice of Fund Administrator for services,
expenses and fees for the period March 17 to April 15, 2005
pursuant to its fourth invoice, in the amount of $432,801.78; 2. Payment of invoices of the members of the MRCC as
follows: A. Gregg J. Reiss, M.D., March ‘05 $11,000.00 B. Dean G. Karalis, M.D. March ‘05 $11,500.00 C. Frank Silvestry, M.D. March ‘05 $30,000.00 |
6-13-2005 | 5325 | Re: Karen Martin v. Wyeth (04-23251) AND NOW, this 13th day of June, 2005, it is hereby ORDERED
that th emotion of Wyeth to enforce the Settlement Agreement and
PTO No. 1415 against class member Karen Martin is DENIED without
prejudice to Wyeth’s refiling the motion after relevant discovery
is complete. | 6-13-2005 | 5326 | Re: Estella Pena v. Wyeth (05-20690) AND NOW, this 13th day of June, 2005, it is hereby ORDERED
that: 1. The motion of plaintiffs to remand to the District Court
of Bexar County, Texas is DENIED; and 2. The claims against all defendants in the above-captioned
action except Wyeth, Wyeth-Ayerst International, Inc., Wyeth-Ayerst
Laboratories, and Wyeth-Ayerst International, Inc., Wyeth-Ayers
Laboratories, and Wyeth-Ayerst Pharmaceuticals, Inc. are
DISMISSED. | 6-13-2005 | 5327 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 13th day of June, 2005, upon consideration of
a motion by Class Counsel, it is hereby ORDERED and DECREED that
the below designated law firms, the New Jersey Diet Drug
Plaintiffs’ Steering Committee, the New York Diet Drugs Plaintiffs’ Steering
Committee, and the Pennsylvania Diet Drug Plaintiffs’ Steering
Committee, be reimbursed forthwith for the costs they expended
prior to June 30, 2001 to be paid forthwith from the Fund A Legal
Fees Escrow account which has accrued net interest in excess of
$6.6 million. | 6-10-2005 | 5328 | Re: Florence Anderson (05-20584), Janis Bayer (05-20597),
Laleesa Comer-West (05-20599), Pam Deblanc (05-20585), Julie
Freeman (05-20582), Mary Goodman (05-20587), Jo Hughes (05-20601),
Joyce Kitts (05-20600), Cathy Pavlisin-Everett (05-20586), &
Royce Smith (05-20583) v. Wyeth AND NOW, this 10th day of June, 2005, it is hereby ORDERED
that: 1. The motions of plaintiffs to remand in the
above-captioned matters are DENIED; and 2. The claims against all defendants in the above-captioned
actions except Wyeth, Wyeth-Ayerst Laboratories, Wyeth Ayerst
International, Inc., and Wyeth-Ayerst Pharmaceuticals, Inc. are
DISMISSED. | 6-1-2005 | 5329 | Re: All Actions - UNDER SEAL AND NOW, June 13, 2005, upon consideration of the PMC’s
Motion for Release and Use of Funds from the MDL 1203 Fee and Cost
Account, established by Gregory Miller, Esquire, Escrow Agent, it
is hereby ORDERED and DECREED that said motion is GRANTED and
Gregory Miller, Esquire, is directed to make payment on invoices
totaling Forty Four Thousand Three Hundred Fifty-Nine Dollars and
Thirty-Two Cents to the PMC Fen-Phen Litigation account by wire
transfer. | 6-13-2005 | 5330 | Re: Krystyna Bobak (05-20581), Don E. Dorso (05-20559),
Donna Eichenseer (05-20556), Colleen Harvey (05-20554), Sherry A.
James (05-20563), Anita M. Leo (05-20560), Alison L. Lewis
(05-20580), Joyce M. Licata (05-20553), Sarah C. Moore (05-20558),
Mary I. Morris (05-20579), Marica A. Sciolino (05-20557), Sandra J.
Sterner (05-20555), Geraldine B. Swaney (05-20552), Charlotte M.
Syroczynski (05-20578), Corliss M. Thomas (05-20562), & Edward
L. Valentine, III (05-20561) v. AHP AND NOW, this 13th day of June, 2005, for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The motions of plaintiffs to remand the following cases
to the Supreme court of the State of New York, Erie County are
GRANTED: Bobak, Lewis, & Morris; 2. The Clerk of Court shall REMAND the following actions to
the Supreme Court of the State of New York, Erie County: Bobak,
Lewis, & Morris; 3. The motions of plaintiff to remand the remaining 13
actions are DENIED; and 4. All claims against defendant Wyeth-Ayerst International,
Inc. are DISMISSED in the following actions: dorso, Eichenseer,
Harvey, James, Leo, Lincata, Moore, Sciolino, Sterner, Swaney,
Thomas, & Valentine. | 6-15-2005 | 5331 | Re: All Actions AND NOW, this 15th day of June, 2005, upon consideration of
the Escrow Agent’s request for the release of funds to pay the
Second Quarter Sate Tax Estimate for the year 2005, it is hereby
ORDERED that said request is GRANTED and Gregory P. Miller,
Esquire, as Escrow Agent for the MDL 1203 Fee and Cost Account, is
directed to pay state taxes in the amount of Six Thousand Three
Hundred Dollars ($6,300). | | | | |
6-15-2005 | 5332 | Re: Glynda A. Brown (04-28544) & James
Collard (04-28470) v. Wyeth AND NOW, this 15th day of June, 2005, it is
hereby ORDERED that: 1. The motions of plaintiffs to remand in
the two above-captioned actions are DENIED; and 2. The claims against all defendants except
Wyeth are dismissed. | 6-15-2005 | 5333 | Re: Noemie Dubroc v. AhP
(02-20193) AND NOW, it having been reported that the
plaintiff, Noemie Dubroc, in the listed action has settled her
claims with AHP, and does not intend to prosecute her 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 numbered and entitled 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. | 6-15-2005 | 5334 | Re: Mary Bernard v. AHP
(04-20399) AND NOW, it having been reported that the
plaintiff, Mary Bernard, in the listed action has settled her
claims with AHP, and does not intend to prosecute her 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 numbered and entitled 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. | 6-17-2005 | 5335 | Re: Darla Allen v. Wyeth
(04-23148) AND NOW TO WIT: this 17th day of June, 2005
it having been reported that the issues between the parties in the
above listed action have been settled, and upon Order of the court
pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of
this Court, it is hereby ORDERED that, pursuant to agreement of
counsel, the above listed case is DISMISSED with prejudice and
without costs as to all named Defendants. | 6-17-2005 | 5336 | Re: Marilyn Melder v. AHP
(02-20142) IT IS HEREBY STIPULATED by and between
Plaintiff Marilyn Melder, ("Plaintiff"), and Defendant Sheldon
Hersh, M.D., ("Defendant"), through their respective counsel, that
the Petition for Damages filed by plaintiff against defendant in
the above-captioned matter is dismissed with prejudice as to this
Defendant, Sheldon Hersh, M.D. only and without costs to either
party. This stipulation may be signed in counterparts and, if so
signed, shall have the same force and effect as if all signatories
had executed one copy. | 6-17-2005 | 5337 | Re: Abenicio I. Rael v. Wyeth
(04-28492) IT IS HEREBY STIPULATED by and between
counsel for the parties as follows: That the individual named defendant Richard
O. Kamrath, M.D. is hereby dismissed from the action with
prejudice. | 6-17-2005 | 5338 | Re: Audrey J. Bergen v. Wyeth
(04-23244) AND NOW, this 17th day of June, 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. Notwithstanding the foregoing, this Order
shall not affect any right to which Plaintiff may be entitled
pursuant to the Nationwide Class Settlement Agreement with
Wyeth. This Stipulation is filed on behalf of
Plaintiff and Defendant Wyeth, the only named defendant in this
action. | 6-17-2005 | 5339 | Re: Karen Moseley v. Wyeth
(03-20093) This Court, having considered the parties’
Stipulation to Dismiss, FIND that it should be
GRANTED. It is, therefore ORDERED that the above
captioned action is dismissed without prejudice. | 6-17-2005 | 5340 | Re: Alysmay Antonucci v. Wyeth
(04-22922) Shellie Johnson, plaintiff in the
above-referenced case, 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, Shellie Johnson and Defendant stipulate to
dismissal with prejudice of plaintiff’s claims. Notwithstanding the foregoing, this Order
shall not affect any right to which plaintiff may be entitled
pursuant to the National Class Action Settlement Agreement with
Wyeth. | 6-17-2005 | 5341 | Re: Julie Otero v. Wyeth
(04-22785) Plaintiff Julie Otero advises the Court that
she wishes to dismiss her 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
Julie Otero and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Julie Otero’s claims as to defendant
Wyeth. 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. | 6-17-2005 | 5342 | Re: Connie Cummins v. AHP
(04-28461) AND NOW, this 17th day of June, 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 without prejudice to
all named Defendants, with each party to bear its own costs and
counsel fees. | 6-17-2005 | 5343 | Re: Michael Montgomery v. Wyeth
(03-20550) AND NOW, this 17th day of June, 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 Earnestine Morgan in the above-captioned case is hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of
the Federal Rules of Civil Procedure. All parties in this action
who have entered an appearance have executed this dismissal through
the undersigned counsel of record. | 6-17-2005 | 5344 | Re: Rainey Safranek v. Wyeth
(04-27361) AND NOW, this 17th day of June, 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
Defendant Jerome T. Taurek, M.D. only, 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 this Order shall
not affect any right to which plaintiff may be entitled pursuant to
such agreement. This Stipulation is filed on behalf of
Plaintiff Rainey Safranek and Defendant Jerome T. Taurek, M.D. who
have appeared in the above-captioned matter. | 6-17-2005 | 5345 | Re: Edward Sanchez v. Wyeth
(05-20184) AND NOW, this 17th day of June, 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
Defendant Oliver Burrows, M.D. only, 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 this Order shall
not affect any right to which plaintiff may be entitled pursuant to
such agreement. This Stipulation is filed on behalf of
Plaintiff Edward Sanchez and Defendant Oliver Burrows, M.D. who
have appeared in the above-captioned matter. | 6-17-2005 | 5346 | Re: Gail Lococo v. Wyeth
(05-20319) AND NOW, this 17th day of June, 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
Defendant Janet R. Schwartz, M.D. only, 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 this Order shall
not affect any right to which plaintiff may be entitled pursuant to
such agreement. This Stipulation is filed on behalf of
Plaintiff Gail Lococo and Defendant Janet R. Schwartz, M.D. who
have appeared in the above-captioned matter. | 6-17-2005 | 5347 | Re: Jane Joiner v. Wyeth
(03-20598) AND NOW, this 17th day of June, 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 Jane Joiner 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. Notwithstanding the foregoing, this
dismissal shall be subject to the terms and conditions in the
Nationwide Class Action Settlement agreement, and this Order shall
not affect any right to which plaintiff may be entitled pursuant to
such agreement. 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,
and plaintiff shall name no new defendants. This Stipulation is filed on behalf of
Plaintiff Jane Joiner and all Defendants who have appeared in the
above-captioned matter. | 6-17-2005 | 5348 | Re: Karen L. Brooks v. Weyth
(03-20365) Pursuant to Rule 41 of the Federal Rules of
Civil Procedure, and this Stipulation, the parties agree that the
Complaint filed on behalf of Karen L. Brooks shall be dismissed
with prejudice, each party to bear its own costs and
fees. | 6-17-2005 | 5349 | Re: Patricia Y. Hulce v. Wyeth
(03-20149) Pursuant to Rule 41 of the Federal Rules of
Civil Procedure, and this Stipulation, the parties agree that the
Complaint filed on behalf of Patricia Y. Hulce shall be dismissed
with prejudice, each party to bear its own costs and
fees. | 6-17-2005 | 5350 | Re: Scott Spielberg v. Wyeth
(03-20203) AND NOW, this 17th day of June, 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 appeared in the
above-captioned matter, those being Wyeth, a Delaware Corporation,
formerly AHP, Eon Labs Mfg., Inc., a Delaware Corporation and
Goldlline Laboratories, Inc., a Florida Corporation, Ivax
Corporation, a Florida Corporation. | 6-17-2005 | 5351 | Re: Devora Silverman v. Wyeth
(05-20177) AND NOW, this 17th day of June, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(ii), that Defendant Dennis
W. Evangelatos, M.D., is hereby dismissed with
prejudice. Nothing in this Order shall effect the
claims of plaintiff against any other Defendant in this
matter. This Stipulation is filed on behalf of the
plaintiff and defendants who have appeared in the above-captioned
mater. | 6-17-2005 | 5352 | Re: Charles B. Shepard v. Wyeth
(04-24167) Plaintiff Charles B. Shepard 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
Charles B. Shepard and Defendant Wyeth stipulate to the dismissal
with prejudice of plaintiff Charles B. Shepard’s claims as to
defendant Wyeth. | 6-17-2005 | 5353 | Re: Sherrie D. Austin v. Wyeth
(04-24095) Plaintiff Sherrie D. Austin 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
Sherrie D. Austin and Defendant Wyeth stipulate to the dismissal
with prejudice of plaintiff Sherrie D. Austin’s claims as to
defendant Wyeth. | 6-17-2005 | 5354 | Re: Toni S. Brown v. Wyeth
(04-24048) Plaintiff Toni S. Brown 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
Toni S. Brown and Defendant Wyeth stipulate to the dismissal with
prejudice of plaintiff Toni S. Brown’s claims as to defendant
Wyeth. | 6-17-2005 | 5355 | Re: Fern E. Tronnier v. Wyeth
(04-23013) Plaintiff Fern E. Tronnier 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
Fern E. Tronnier and Defendant Wyeth stipulate to the dismissal
with prejudice of plaintiff Fern E. Tronnier’s claims as to
defendant Wyeth. Notwithstanding the foregoing, this Order
shall not affect any right to which Plaintiff may be entitled to
the Nationwide Class Action settlement Agreement with
Wyeth. | 6-17-2005 | 5356 | Re: Lois Hendrickson v. Wyeth
(03-20075) Pursuant to Rule 41 of the Federal Rules if
Civil Procedure, and this Stipulation, the parties agree that hte
Complaint filed on behalf of Lois Hendrickson shall be dismissed
with prejudice, each party to bear its own costs and counsel
fees. | 6-17-2005 | 5357 | Re: All Actions It is hereby STIPULATED and AGREED between
Plaintiffs and Wyeth, through their respective counsel, that
Plaintiffs shall file their response to Wyeth’s third omnibus
motion to compel on or before June 21, 2005. This extension is for a period of less than
30 days. No prior extension has been requested or given in this
matter. | 6-17-2005 | 5358 | Re: All Actions FILED UNDER
SEAL AND NOW, June 17, 2005, upon consideration
of PMC’s Motion for Release and Use of Funds form the MDL 1203 Fee
and Cost Account, established by Gregory Miller, Esquire, Escrow
Agent, it is hereby ORDERED and DECREED that said Motion is GRANTED
and Gregory Miller, Esquire, is directed to make payment on
invoices totaling Eight Five Thousand Four Hundred Seventy-Five
Dollars and Forth Three Cents to the PMC Fen-Phen Litigation
Account, by wire transfer. | 6-20-2005 | 5359 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 20th day of June, 2005, it is
hereby ORDERED that, on or before July 6, 2005, all interested
parties including class counsel and Wyeth, shall file with the
court their response to the motion of the AHP Settlement Trust "for
interpretation of the Settlement Agreement regarding Matrix Claims
that are denied because the echocardiograms of attestation contain
inserted frames." | 6-20-2005 | 5360 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Deborah Beckstead
and the AHP Settlement Trust attached hereto, it is hereby ORDERED
that the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Deborah Beckstead is discontinued, and PTO No.
3217, as it pertains to Claimant Deborah Beckstead is
vacated. | 6-20-2005 | 5361 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Dawn A. Bower and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Dawn A. Bower is discontinued, and PTO No. 3217,
as it pertains to Claimant Dawn A. Bower is vacated. | 6-20-2005 | 5362 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Marsha Echols and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Marsha Echols is discontinued, and PTO No. 3217,
as it pertains to Claimant Marsha Echols is vacated. | 6-20-2005 | 5363 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Debra Ericksen
and the AHP Settlement Trust attached hereto, it is hereby ORDERED
that the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Debra Ericksen is discontinued, and PTO No.
3217, as it pertains to Claimant Debra Ericksen is
vacated. | 6-20-2005 | 5364 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant NaDeane Hansen
and the AHP Settlement Trust attached hereto, it is hereby ORDERED
that the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant NaDeane Hansen is discontinued, and PTO No.
3217, as it pertains to Claimant NaDeane Hansen is
vacated. | 6-20-2005 | 5365 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Kerri Henrie and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Kerri Henrie is discontinued, and PTO No. 3217,
as it pertains to Claimant Kerri Henrie is vacated. | 6-20-2005 | 5366 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Nancy Lowe and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Nancy Lowe is discontinued, and PTO No. 3217, as
it pertains to Claimant Nancy Lowe is vacated. | 6-20-2005 | 5367 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Steve Melton and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Steve Melton is discontinued, and PTO No. 3217,
as it pertains to Claimant Steve Melton is vacated. | 6-20-2005 | 5368 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Linda Neeley and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Linda Neeley is discontinued, and PTO No. 3217,
as it pertains to Claimant Linda Neeley is vacated. | 6-20-2005 | 5369 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Carolyn Porter
and the AHP Settlement Trust attached hereto, it is hereby ORDERED
that the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Carolyn Porter is discontinued, and PTO No.
3217, as it pertains to Claimant Carolyn Porter is
vacated. | 6-20-2005 | 5370 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Bunny Sabey and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Bunny Sabey is discontinued, and PTO No. 3217,
as it pertains to Claimant Bunny Sabey is vacated. | 6-20-2005 | 5371 | Re: Sheila Brown v. AHP
(99-20593) And now, this 20th day of June, 2005, upon
consideration of the Stipulation between claimant Anne Zdunich and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the Stipulation is hereby approved, the Order to Show Cause
Regarding claimant Anne Zdunich is discontinued, and PTO No. 3217,
as it pertains to Claimant Anne Zdunich is vacated. | 6-22-2005 | 5372 | Re: All Actions The Court has before it the Stipulation for
extension of time to respond to Wyeth’s Third Omnibus Motion to
Compel. The Court having considered same is of the opinion that
said extension should be GRANTED. It is, therefore, ORDERED that the Stipulation for Extension
of Time to Respond to Wyeth’s Third Omnibus Motion to Compel is
hereby adopted by the Court. Plaintiffs shall file their response
to this motion on or before June 21, 2005. | 6-22-2005 | 5373 | Re: Eldifonsa Soliz v. Wyeth
(04-27321) AND NOW, this 22nd day of June, 2005, it is
hereby ORDERED that the motion of plaintiffs to stay all
proceedings in this case is DENIED. | 6-22-2005 | 5374 | Re: Phyllis Cortez v. AHP
(99-20636) AND NOW, this 22nd day of June, 2005, it is
hereby ordered that the unopposed motion of Wyeth to dismiss the
above-captioned action pursuant to Rules 41(b) and 16(f) of the
Federal Rules of Civil Procedure is GRANTED. | 6-23-2005 | 5375 | Re: Marie Arnold (04-27592),
Tammy Conway (04-25033), Patricia Johnson (04-28143), Wanda J.
Ochoa (04-23075), Lesley T. Sipp (04-24450), Lula Tate (04-22993),
& Becky A. Wilson (04-22308) v. Wyeth AND NOW, this 23rd day of
June, 2005, for the reasons set forth in the accompanying
Memorandum, it is hereby ordered that: 1. The motion of Wyeth to
enforce the Settlement Agreement and PTO No. 1415 against the class
members in the above-captioned actions is GRANTED; and 2. All claims of plaintiffs
in the above-captioned actions are DISMISSED. | 6-23-2005 | 5376 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 23rd day of June, 2005, upon
consideration of the Application for Confirmation of Trustees’
Interim Account and Discharge of Trustees, Trust Executive Director
and trust Officers filed by the AHP Settlement trust ("Trust") and
the Trustees and former Trustees thereof, it is hereby ORDERED
that: 1. The trust shall disseminate the attached
notice of filing of application for confirmation of Trustees’
Interim Account and Discharge of Trustees, Trust Executive Director
and Trust Officers ("Application") to all persons having registered
a claim against the assets of the trust, by first-class United
States Mail, postage pre-paid, with all costs of notice to be borne
by the Trust; 2. All persons who received mailed notice
and all other persons who assert an interest in the Trust must file
any response they may have to the application, in writing, on or
before July 11, 2005, which date shall be set forth in the
notice; 3. Any reply by the trust shall be filed on
or before July 22, 2005; 4. A hearing shall be held on July 27,2005
at 2:00 pm. In Courtroom 16A, United States Courthouse, 601 Market
Street, Philadelphia, Pennsylvania, at which the court will
consider the Application and any responses thereto. This date shall
be set forth in the notice; and 5. All persons wishing to attend and present
testimony or evidence at the hearing shall file a list of proposed
witnesses and proposed exhibits at least seven days prior to the
date of the hearing. | 6-27-2005 | 5377 | Re: Audrey Logos v. Wyeth
(04-27238) AND NOW, this 27th day of June, 2005, that
the motion of defendants Wyeth, Wyeth Pharmaceuticals, AHP
Subsidiary Holding Corporation, and Vicki Kilcline for leave to
file a reply to plaintiff’s opposition to defendants’ motion to
dismiss is GRANTED. | 6-27-2005 | 5378 | Re: Estate of Robert S. Rodencal, by and
through Michael E. Rodencal, as personal representative v. Wyeth
(04-23356) Plaintiff Estate of Robert S. Rodencal, by
and through Michael E. Rodencal, as Personal Representative,
advises the Court that he wishes to dismiss his father’s 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 Robert S. Rodencal and Defendant Wyeth
stipulate to the dismissal with prejudice of Plaintiff Robert S.
Rodencal. 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. | 6-27-2005 | 5379 | Re: Sandy Mixon v. Wyeth
(04-21603) AND NOW, this 27th day of June, 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 Sandy Mixon 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. Notwithstanding the foregoing, this Order
shall not affect any right to which Plaintiff may be entitled
pursuant to the Nationwide Class Action Settlement Agreement with
Wyeth. In the event that Plaintiff re-files any
claim or action arising out of the use of Pondimin or Redux,
Plaintiff shall re-file such claim or action in federal court only,
and Plaintiff shall name no new defendants. | 6-27-2005 | 5380 | Re: Sandra A. Strabe. v. Wyeth
(04-23042)Plaintiff Sandra A.
Strabel, advises the Court that he wishes to dismiss her 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 Sandra A. Strabe and Defendant Wyeth
stipulate to the dismissal with prejudice of Plaintiff Sandra A.
Strabe. 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. | 6-27-2005 | 5381 | Re: Lynda L. Borel v. Wyeth
(04-21873) THIS MATTER comes before the Court on the
stipulated joint motion of plaintiff Lynda L. Borel and the
Defendants to dismiss the claims of plaintiff Lynda L. Borel
without prejudice as against Defendants. AND NOW, this 27th day of June, 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. | 6-27-2005 | 5382 | Re: Ethel Johnson v. Wyeth
(04-25915) Plaintiff Ethel Johnson, advises the Court
that she wishes to dismiss her 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
Ethel Johnson and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Ethel Johnson’s claims as to Defendant
Wyeth. 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. | 6-27-2005 | 5383 | Re: Mary A. Jensen v.
(04-25969) Plaintiff Mary Jensen, advises the Court
that she wishes to dismiss her 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
Mary A. Jensen and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Mary A. Jensen. 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. | 6-27-2005 | 5384 | Re: Barbara L. Hodge v. Wyeth
(04-25851) Plaintiff Barbara Hodge, advises the Court
that she wishes to dismiss her 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
Barbara L. Hodge and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Barbara L. Hodge. 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. | 5-27-2005 | 5385 | Re: William L. Chapman v. Wyeth
(04-25923) Plaintiff William Chapman, 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
William L. Chapman and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff William L. Chapman. 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. | 5-27-2005 | 5386 | Re: Paula M. Mason v. Wyeth
(04-26014) Plaintiff Paula Masonl, advises the Court
that she wishes to dismiss her 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
Paula M. Mason and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Paula M. Mson. 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. | 6-27-2005 | 5387 | Re: Barbara A. Simmons v. Wyeth
(04-25864) Plaintiff Barbara Simmonsl, advises the
Court that she wishes to dismiss her 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
Barbara Simmons and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Barbara Simmons. 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. | 6-27-2005 | 5388 | Re: Peggy R. Resneck v. Wyeth
(04-25988) Plaintiff Peggy Resneckl, advises the Court
that she wishes to dismiss her 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
Peggy Resneck and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Peggy Resneck. 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. | 6-27-2005 | 5389 | Re: Janice A. McCrory v. Wyeth
(04-25904) Plaintiff Janice McCrory, advises the Court
that he wishes to dismiss her 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
Janice A. McCroryand Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Janice A. McCrory. 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. | 6-27-2005 | 5390 | Re: Marlen Grimes v. Wyeth
(05-20321) AND NOW, this 27th day of June, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(ii), that Defendant David
Heber, M.D. is hereby DISMISSED with prejudice. Nothing in this Order shall effect the
claims of Plaintiff against any other Defendant in this
matte.r This Stipulation is filed on behalf of the
Plaintiff and Defendants who have appeared in the above-captioned
matter. | 6-27-2005 | 5391 | Re: Luella Kramer v. Wyeth
(05-20131) IT IS HEREBY STIPULATED, by and between the
parties, through their attorneys of record, and pursuant to Federal
Rules of Civil Procedure 41(a)(1), that defendant Michael Laskar,
M.D. may be dismissed, with prejudice, form the above-entitled
mater. | 6-27-2005 | 5392 | Re: Carmen R. Johnson v. Wyeth
(04-20908) AND NOW, this 27th day of June, 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 Carmen R. Johnson 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. Notwithstanding the foregoing, this Order
shall not affect any right to which Plaintiff may be entitled
pursuant to the Nationwide Class Action Settlement Agreement with
Wyeth. In the event that Plaintiff re-files any
claim or action arising out of the use of Pondimin or Redux,
Plaintiff shall re-file such claim or action in federal court only,
and Plaintiff shall name no new defendants. | 6-27-2005 | 5393 | Re: Kathy L. Phillips v. Wyeth
(04-25999) Plaintiff Kathy Phillips, advises the Court
that he wishes to dismiss her 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
Kathy Phillips and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Kathy Phillips. 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. | 6-27-2005 | 5394 | Re: Evelyn Cowart v. Wyeth
(04-25963) Plaintiff Evelyn Cowart, advises the Court
that he wishes to dismiss her 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
Evelyn Cowart and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Evelyn Cowart. 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. | 6-28-2005 | 5395 | Re: Kimberly Banks (04-20726), Kelly
Baumgartner (04-21156), Deborah Beckmann (04-20719), Mike Bergstrom
(04-21163), Teresa Brethouwer (04-21161), Sharon Carlson
(04-21174), Elizabeth Chevalier (04-20733), Donelle Fritz
(04-20725), Marjorie Hansen (04-20723), Angie Hernandez (04-21158),
James Johnson (04-21175), Lori Littell (04-21162), & Vivien
Peterson (04-21166) v. Wyeth AND OW, this 28th day of June, 2005, it is
hereby ORDERED that the following motions are GRANTED: 1. Unopposed motion for an enlargement of
time for plaintiff to respond to defendants motion to dismiss to
June 27, 2005, of Kimberly Banks; 2. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Kelly Baumgartner; 3. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Deborah Beckman; 4. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Mike Bergstrom; 5. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Teresa Brethouwer; 6. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Teresa Brethouwer; 7. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Elizabeth Chevalier; 8. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Donelle Fritz; 9. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Marjorie Hansen; 10. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Angie Hernandez; 11. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of James Johnson; 12. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Lori Littell; 13. Unopposed motion for enlargement of time
for plaintiff to respond to defendants motion to dismiss to June
27, 2005, of Vivien Peterson. | 6-28-2005 | 5396 | Re: Benita Price v. A.H. Robins Company,
Inc. (01-20101) Upon the agreement of all parties the and
the Court being otherwise sufficiently advised; IT IS HEREBY AGREED AND ORDERED that the
above cases are dismissed. | 6-29-2005 | 5397 | Re: Kimberly Banks (04-20726), Kelly
Baumgartner (04-21156), Deborah Beckmann (04-20719), Teresa
Brethouwer (04-21161), Sharon Carlson (04-21174), Elizabeth
Chevalier (04-20733), Angie Hernandez (04-21158), & Lori
Littell (04-21162) v. Wyeth The Court, being hereby advised of the
Plaintiffs’ voluntary motion to dismiss, does hereby dismiss each
of the above-listed actions, with prejudice, with each party to
bear its own fees and costs. | 7-1-2005 | 5398 | Re: Sheila Brown v. AHP
(99-20593) APPROVING THE NINTH AMENDMENT TO THE
NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT AND RELATED
COURT-APPROVED PROCEDURES Court Approved Procedure No. 8 is
attached.7-1-2005 | 7-1-2005 | 5399 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 1st day of July, 2005, having
heard and considered the views of the relevant parties expressed at
the status conference held on June 29, 2005, it is hereby ORDERED
that: 1. The matters listed on Exhibit A hereto
are STAYED until August 30, 2005; 2. In the event the parties have not
resolved their differences regarding the motions listed Exhibit A
or said motions are not withdrawn prior to the expiration of this
sty, the following briefing schedule shall apply: A. With respect to the "motion of certain
class members in support of their motion under Rule 60(b) for
relief from judgment" (Doc. #1471), Wyeth and all other interested
parties shall file and serve responses on or before September 30,
2005, and Movants and all other interested parties shall file and
serve replies on or before October 21, 2005; B. With respect to "Wyeth’s motion to deny
claims for Settlement Benefits submitted by Napoli/Hariton" (Doc.
#1646), Napoli, Kaiser, Bern & Associates and Hariton &
D’Angelo (Napoli/Hariton) shall file and serve their response on or
before September 30, 2005, and Wyeth shall file and serve its reply
on or before October 21, 2005; and C. The stay entered in Stipulation and PTO
No. 4485 will remain in effect until such time as the Court rules
upon Wyeth’s motion to deny claims for Settlement Benefits
submitted by Napoli/Hariton or the motion is
withdrawn. | 7-1-2005 | 5400 | Re: All Actions PROCEDURE FOR AWARD OF COUNSEL FEES AND
REIMBURSEMENT OF LITIGATION OF EXPENSES | 7-1-2005 | 5401 | Re: Clinton F. Fregia v. Wyeth
(04-21388) AND NOW, this 1st day of July, 2005, it is
hereby ORDERED that the Severance Order in Clinton F. Fregia, et al
v. Wyeth, et al, CIV.A. No. 04-21388 (E.D. Pa.) Os VACATED. See PTO
No. 5293. | 7-1-2005 | 5402 | Re: All Actions PROCEDURE FOR STATE COURT JUDICIAL ADVISORY
COMMITTEE TO RECOMMEND AWARD OF COUNSEL FEES TO STATE COURT
ATTORNEYS In order to comply with the terms of the
Nationwide Class Action Settlement Agreement with AHP as amended,
which require the Court to consult with and give substantial
deference to the views of the State Court Judicial Advisory
Committee concerning the actual contribution which was made to the
overall resolution of the litigation by the attorneys with whom the
members of the committee are familiar, it is on this 1st day of
July, 2005, hereby ORDERED, ADJUDGED AND DECREED
that: 1. Within ten days of the entry of this
Order, lead Class Counsel shall cause a copy of this Order to be
served on the judges in their respective states who were previously
appointed pursuant to PTO 1014 to the State Court Judicial Advisory
Committee. 2. The State Court Judicial Advisory
Committee is requested to meet as soon as practicable with lead
counsel appointed in the class actions certified in the states of
Illinois, New Jersey, New York, Pennsylvania, Texas and West
Virginia for the purpose of formulation a plan, procedure and
timetable for providing this Court with the Committee’s views as to
the actual contribution that was made to the overall resolution of
the litigation by the attorneys with whom the members of the
committee are familiar. 3. On or before August 31, 2005, lead
counsel for the certified state class actions shall provide a
status report to the Court concerning the Committee’s plan and
timetable for providing its views. 4. Prior to making any further award of
counsel fees, the Court shall consult with and give substantial
deference to the views of the State Court Judicial Advisory
Committee. 5. All costs and expenses incurred by the
members of the Committee shall be promptly reimbursed as
administrative expenses of the Settlement Trust. | 7-6-2005 | 5403 | Re: Rae K. Nelson v. Wyeth
(04-25721) It is hereby STIPULATED and AGREED between
Plaintiff Rae K. Nelson and Wyeth, through their respective
counsel, that Plaintiff shall file her response to Wyeth’s Motion
to Enforce the Settlement agreement and PTO No. 1415 and to Dismiss
Against Class Member Rae K. Nelson on or before July 6,
2005. This extension is for a period of less than
30 days. No prior extension has been requested or given in this
matter. | 7-6-2005 | 5404 | Re: Carol J. Garcia v. Wyeth
(04-25639) It is hereby STIPULATED and AGREED between
Plaintiff Carol J. Garcia and Wyeth, through their respective
counsel, that Plaintiff shall file her response to Wyeth’s Motion
to Enforce the Settlement agreement and PTO No. 1415 and to Dismiss
Against Class Member Carol J. Garcia on or before July 6,
2005. This extension is for a period of less than
30 days. No prior extension has been requested or given in this
matter. | 7-6-2005 | 5405 | Re: Dee Shaw v. Wyeth
(04-25815) It is hereby STIPULATED and AGREED between
Plaintiff Dee Shaw and Wyeth, through their respective counsel,
that Plaintiff shall file her response to Wyeth’s Motion to Enforce
the Settlement agreement and PTO No. 1415 and to Dismiss Against
Class Member Dee Shaw on or before July 6, 2005. This extension is for a period of less than
30 days. No prior extension has been requested or given in this
matter. | 7-6-2005 | 5406 | Re: Sheila Brown v. AHP
(99-205930 It is hereby STIPULATED and AGREED by and
between The Law Offices of Joseph H. Malley, P.C. and Defendant
Wyeth, through their respective undersigned counsel, that Wyeth
shall have an extension of time up to and including July 19, 2005
to respond to the above-titled motion filed by The Law Offices of
Joseph H. Malley, P.C. This extension is for a period of less than
thirty (30) days. No prior extension has been requested or given in
this matter. | 7-6-2005 | 5407 | Re: Frank T. Riselvato v. Wyeth
(04-25791) It is hereby STIPULATED and AGREED between
Plaintiff Frank T. Riselvato and Wyeth, through their respective
counsel, that Plaintiff shall file his response to Wyeth’s Motion
to Enforce the Settlement Agreement and PTO No. 1415 and to Dismiss
Against Class Member Frank T. Riselvato on or before July 6,
2005. This extension is for a period of less than
thirty (30) days. Nor prior extension has been requested or given
in this matter. | 6-7-2005 | 5408 | Re: Gayla Alspach v. Wyeth
(05-20482) AND NOW, this 7th day of July, 2005, 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 except
Wyeth, Wyeth-Ayerst International, Inc., Wyeth-Ayerst
Pharmaceuticals, Inc., and Wyeth -Ayerst Laboratories are
DISMISSED. | 6-11-2005 | 5409 | Re: All Actions AND NOW, TO WIT, this 11th day of July,
2005, upon consideration of the Thirty-Eighth Application by
Special Master for Interim Compensation and Reimbursement of
Expenses relating to PTO No. 2383 (05/01/05 through 05/31/05), 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 $16,513.20 for the
period from 05/01/05 through 05/31/05, in accordance with the
procedure established by the Court. | 6-11-2005 | 5410 | Re: All Actions AND NOW, TO WIT, this 11th day of July,
2005, upon consideration of the Fifty-Fourth Application by Special
master to the AHP Settlement Trust for Interim Compensation and
Reimbursement of Expenses (05/01/05 through 05/31/05), 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
$147,484.19 for the period from 05/01/05 through 05/31/05, in
accordance with the procedure established by the
Court. | 6-11-2005 | 5411 | Re: All Actions AND NOW, TO WIT, this 11th day of July,
2005, upon consideration of the Eighty-Sixth Application by Special
Discovery Master for Interim Compensation and Reimbursement of
Expenses (05/01/05 through 05/31/05), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that the parties
reimburse the Special Discovery Master for disbursement and
compensation for legal fees in the amount of $120,166.20 for the
period from 05/001/05 through 05/31/05, in accordance with the
procedure established by the Court. | 6-11-2005 | 5412 | Re: All Actions AND NOW, TO WIT, this 11th day of July,
2005, upon consideration of the Sixtieth Application by Escrow
Agent for Interim Compensation and Reimbursement of Expenses
(05/01/05 through 05/31/05), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that the parties
reimburse the Escrow Agent for disbursement and compensation for
legal fees in the amount of $9,867.88 for the period from (05/01/05
through 05/31/05), in accordance with the procedure established by
the Court. | 6-11-2005 | 5413 | Re: Jessica Beloney (04-26698), Connie Best
(04-26819), Lynn Crane (04-26818) & Andrea Odom (04-26764) v.
Wyeth AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the motion of plaintiffs in the above actions
for relief from order of dismissal in PTO No. 5083 is
DENIED. | 6-11-2005 | 5414 | Re: James Johnson (04-211750 v.
Wyeth The Court, being hereby advised of the
Plaintiff’s voluntary Motion to Dismiss, does hereby dismiss the
above-named action, with prejudice, with each party to bear its own
fees and costs. | 6-11-2005 | 5415 | Re: Donelle Fritz v. Wyeth
(04-20725) The Court, being hereby advised of the
Plaintiff’s voluntary Motion to Dismiss, does hereby dismiss the
above-named action, with prejudice, with each party to bear its own
fees and costs. | 6-11-2005 | 5416 | Re: Marjorie Hansen v. Wyeth
(04-20723) The Court, being hereby advised of the
Plaintiff’s voluntary Motion to Dismiss, does hereby dismiss the
above-named action, with prejudice, with each party to bear its own
fees and costs. | 6-11-2005 | 5417 | Re: Sheila Brown v. AHP (99-20593)
claimants: Betty L. Branch, Anthony G. Condray, Daniel Garman,
Carolyn L. Gray, Renee N. Lawrence & Helen T.
Stallings The Court has received Applications for
Issuance of Orders to Show Cause ("Applications"), filed by the AHP
Settlement Trust ("Trust"), relating to the audited claims of the
above-referenced Claimants. Accordingly, pursuant to the Rules for
the Audit of Matrix Compensation Claims ("Audit Rules"), approved
in PTO No. 2807, it is hereby ORDERED that these Claimants must
show cause why the Trust’s requests for relief should not be
granted. It is further ORDERED that these matters are
referred to the Special Master for further proceedings. The court
directs that, within 14 days of the date of this Order, the Trust
shall serve upon the Special Master documentation to support its
Applications, including: 1. Detailed Statements of the Case, as
described in Rule 23 of the Audit Rules; 2. Attestation Forms
completed by Auditing Cardiologists for these claims; 3. Auditing
Cardiologists; Worksheets; 4. Any and all other materials submitted
to and/or completed by Auditing Cardiologists’ and 5. The Audit
Files. Pursuant to Rule 25 of the Audit Rules,
Claimants may submit Responses to the Special Master within 21 days
after service of the Trust’s supporting documentation. If any
Claimant fails to file a response, or if any Claimant requests the
Special Master to proceed without a Response, the Special Master
shall proceed in accordance with the Audit Rules. | 6-11-2005 | 5418 | Re: Sheila Brown v. AHP (99-20593)
claimants: Brenda J. Crawford, Claudia Doyle, Erenstine Richardson
& The Estate of Gilbert Walters The Court has received Applications for
Issuance of Orders to Show Cause ("Applications"), filed by the AHP
Settlement Trust ("Trust"), relating to the audited claims of the
above-referenced Claimants. Accordingly, pursuant to the Rules for
the Audit of Matrix Compensation Claims ("Audit Rules"), approved
in PTO No. 2807, it is hereby ORDERED that these Claimants must
show cause why the Trust’s requests for relief should not be
granted. It is further ORDERED that these matters are
referred to the Special Master for further proceedings. The court
directs that, within 14 days of the date of this Order, the Trust
shall serve upon the Special Master documentation to support its
Applications, including: 1. Detailed Statements of the Case, as
described in Rule 23 of the Audit Rules; 2. Attestation Forms
completed by Auditing Cardiologists for these claims; 3. Auditing
Cardiologists; Worksheets; 4. Any and all other materials submitted
to and/or completed by Auditing Cardiologists’ and 5. The Audit
Files. Pursuant to Rule 25 of the Audit Rules,
Claimants may submit Responses to the Special Master within 21 days
after service of the Trust’s supporting documentation. If any
Claimant fails to file a response, or if any Claimant requests the
Special Master to proceed without a Response, the Special Master
shall proceed in accordance with the Audit Rules. | 6-11-2005 | 5419 | Re: Sheila Brown v. AHP (99-20593) claimant:
Nancy J. Mathieu ORDER SETTING BRIEFING SCHEDULE FOR APPEAL
FROM REPORT AND AWARD OF ARBITRATOR On December 9, 2004, Claimant Nancy J.
Mathieu ("Claimant") 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 in her claim for Matrix
Compensation Benefits. AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that: 1. The chair of the arbitrator panel
("chair") 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 brief 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 shall not exceed 10 pages in
lenght. 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. | 6-11-2005 | 5420 | Re: Gewn Gibson (Gloria Gomez, Kathy Lewis,
Nash Revilla), et al. v. Wyeth (03-20313) AND NOW, this 11th day of July, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiffs
Gloria Gomez, Kathy Lewis and Nash Revilla hereby dismiss with
prejudice this action as to all defendants in the above-captioned
matter, Wyeth, 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 in the Request to Revoke Opt-Out
form executed by Plaintiffs, and agreed to by Wyeth on August 3,
2004 for Gloria Gomez, on June 8, 2004 for Kathy Lewis, and on
August 3, 2004 for Nash Revilla. | 6-11-2005 | 5421 | Re: Sherry Ackerson (Linda Free) (04-20272)
v. Wyeth AND NOW, this 11th day of July, 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 Linda Free in the above-captioned case are hereby
dismissed with prejudice as to Defendants Wyeth and Bruce R.
Stewart, 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 exectued by the Plaintiff and
agreed to by Wyeth on March 5, 2004. This Stipulation does not
constitue a factual finding as to the merits of Plaintiff’s case
nor as to her qualifications, if any, to receive benefits from the
Settlement Trust. This Stipulation is filed on behalf of
Plaintiff Linda Free and all Defendants who have appeared in the
above-captioned matter, those being Wyeth and Bruce R.
Stewart. | 6-11-2005 | 5422 | Re: Dianne E. Ansohn (Tammy G. Comeaux), et
al. v. Wyeth (03-20812) AND NOW, this 11th day of July, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Tammy
G. Comeaux hereby dismisses with prejudice this action as to all
defendants, 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 and as agreed to in the Request to Revoke Opt-Out Form
executed by the Plaintiff and postmarked on November 23, 2004, and
agreed to by Wyeth on January 4, 2005. | 7-11-2005 | 5423 | Re: Deborah Calderon v. Wyeth
(03-21582) AND NOW, this 11th day of July, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff
Deborah Calderone hereby dismisses with prejudice this action as to
all defendants, Wyeth and Ivor W. Foox, 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 and as agreed to in the Request to Revoke
Opt-Out Form executed by the Plaintiff and postmarked on May 5,
2004 and agreed to by Wyeth on July 27, 2004. This Stipulation is filed on behalf of
Plaintiff Deborah Calderone and Defendant Wyeth who have appeared
in the above-captioned matter. | 7-11-2005 | 5424 | Re: Estate of Iris Merritt v. Wyeth
(04-22700) . Plaintiff Estate of Iris Merritt, by and
through Hillary A. Merritt, as Personal Representative, advises the
Court that she wishes to dismiss her 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
Estate of Iris Merritt, by and through Hillary A. Merritt, as
Personal Representative and Defendant Wyeth stipulate to the
dismissal with prejudice of Plaintiff Iris Merritt’s claims as to
Defendant Wyeth. Notwithstanding the foregoing, this Order
shall not affect any right to which Plaintiff may be entitled to
the Nationwide Class Action settlement Agreement with
Wyeth. | 7-11-2005 | 5425 | Re: Mary F. Allen (Patricia M. Harris) v.
Wyeth (04-21063) AND NOW, this 11th day of July, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Mary
F. Allen hereby dismisses with prejudice this action as to all
defendants, 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 and as agreed to in the Request to Revoke Opt-Out Form
executed by the Plaintiff and postmarked on November 2, 2004, and
agreed to by Wyeth on January 4, 2005. | 5-11-2005 | 5426 | Re: Janet M. LeBlanc v. Wyeth
(04-22624) AND NOW, this 11th day of July, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that the claims in
the above-captioned cases 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. | 5-11-2005 | 5427 | Re: Beth Branch, Jeril Haug, Cathy Hill,
Deanna Holsted, Jeanne Hoover, Deborah Martin, Vicki Meissner,
Barbara Moses, Chris Rogers and mark Sontag v. Wyeth
(04-25106) COMES NOW the plaintiff, Vicki Meissner, and
the Defendants, Wyeth, AHP Subsidiary Holding Corporation, and
Indevus Pharmaceuticals, Inc., f/k/a Interneuron Pharmaceuticals,
Inc., and stipulate to the dismissal of the claims of Vicki
Meissner in the above-styled and numbered cause without prejudice.
In the event that Plaintiff, Vicki Meissner, re-files any claim or
action arising out of the use of Pondimin or Redux, Plaintiff,
Vicki Meissner, may re-file this case only in Federal
Court. | 5-11-2005 | 5428 | Re: Carolyn Johnson v. Wyeth
(04-25937) Plaintiff Carolyn Johnson advises the Court
that she wishes to dismiss her 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
Carolyn Johnson and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Carolyn Johnson’s claims as to Defendant
Wyeth. 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. | 5-11-2005 | 5429 | Re: Sheryl T. Rubenbauer v. Wyeth
(04-22760) Plaintiff Sheryl T. Rubenbauer advises the
Court that she wishes to dismiss her 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
Sheryl T. Rubenbauer and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Sheryl T. Rubenbauer claims as to
Defendant Wyeth. 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 | 5-11-2005 | 5430 | Re: Marcia Rendel v. Wyeth
(04-22693) Plaintiff Marcia Rendel advises the Court
that she wishes to dismiss her 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
Marcia Rendel and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Marcia Rendel’s claims as to Defendant
Wyeth. 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 | 5-11-2005 | 5431 | Re: Linda E. Spence v. Wyeth
(04-23060) Plaintiff Linda E. Spence advises the Court
that she wishes to dismiss her 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
Linda E. Smith and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Linda E. Smith’s claims as to Defendant
Wyeth. 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 | 5-11-2005 | 5432 | Re: Joni E. Carlisle v. Wyeth
(04-26413) AND NOW, this 11th day of July, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Joni
E. Carlisle hereby dismisses with prejudice this action as to all
defendants, 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 and as agreed to in the Request to Revoke Opt-Out Form
executed by the Plaintiff and postmarked on, November 17, 2004, and
agreed to by Wyeth on, January 4, 2005 | 5-11-2005 | 5433 | Re: Deborah J. Louviere v. Wyeth
(04-22531) AND NOW, this 11th day of July, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that the claims in
the above-captioned cases 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. | 5-11-2005 | 5434 | Re: Janice M. Young-Conerly v. Wyeth
(04-22245) AND NOW, this 11th day of July, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that the claims in
the above-captioned cases 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. | 5-11-2005 | 5435 | Re: All Actions - FILED UNDER
SEAL AND NOW, July 11, 2005, upon consideration
of PMC’s Motion for Release and Use of Funds from the MDL 1203 Fee
and Cost Account, established by Gregory Miller, Esquire, Escrow
Agent, it is hereby ORDERED and DECREED that said Motion is GRANTED
and Gregory Miller, Esquire, is directed bo make payment on
invoices totaling $43,303.27 to the PMC Fen-Phen Litigation
Account, by wire transfer. | 7-11-2005 | 5436 | Re: Clifton Harold Jackson v. Wyeth
(00-20206) AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Clifton Harold Jackson, Lila Grace Cearcy, Mark
Anthony Scott, John Fitzgerald Scott, Tabitha Scott Washington and
Margaret Scott Roberts. See PTO No. 4805. | 7-11-2005 | 5437 | Re: Brenda I. Carrigan v. Wyeth
(04-20964) AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: All claims of Mark J. Clark. See PTO No. 4594. | 7-11-2005 | 5438 | Re: Lawrence B. Bridges v. Wyeth
(04-20867) AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Thomas Hutchinson. See PTO No.
4580. | 7-11-2005 | 5439 | Re: Leslie Bales v. Wyeth
(04-20899) AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Jacqulyn K. Holmes, Martha Ingram, Georgia I.
Riley, Emily M. Robinson, Dolores Baccus and Nannette Simmons. See
PTO NO. 4591. | 7-11-2005 | 5440 | Re: Debra Stuart v. Weyth
(04-20850) AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Jackie D. Grant. See PTO No. 4588. | 7-11-2005 | 5441 | Re: Linda Logsdon v. Wyeth
(04-20974) AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Shirley McIntyre. See PTO No.
4585. | 7-11-2005 | 5442 | Re: Ursula asher v. AHP
(04-20100) AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Vicki McLean, June Jones, Alice M. Morrow, Ike
H. Ikemeier, Vicki L. Wilburn, Patricia J. Cantu, Sandra J. Cheek,
Joyce A. Abrams-smith and Linda Porter. See PTO No.
4575. | 7-11-2005 | 5443 | Re: Glenda M. Nelms v. Wyeth
(04-20969) AND NOW, this 11th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Kathleen Baker and Patty Griffin. See PTO No.
4584. | 7-12-2005 | 5444 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 12th day of July, 2005, it is
hereby ORDERED that the motions of Fleming & Associates and of
Ronald R. Benjamin for Rule 54(b) certification with respect to PTO
Nos. 2622 and 2859 imposing MDL fee and cost assessments on movants
are DENIED on the ground that such Pretrial Orders are interim and
not final. | 7-12-2005 | 5445 | Re: Carol J. Garcia v. Wyeth
(04-25639) It is hereby STIPULATED and AGREED between
Plaintiff Carol J. Garcia and Wyeth, through their respective
counsel, that plaintiff shall file her response to Wyeth’s Motion
to Enforce the Settlement Agreement and PTO No. 1415 and to Dismiss
Against class member Carol J. Garcia on or before July 6,
2005. This extension is for a period of less than
30 days. No prior extension has been requested or given in this
matter. | 7-13-2005 | 5446 | Re: William Wonders v. Wyeth
(03-20066) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Gayle Larris. See PTO No. 4604. | 7-13-2005 | 5447 | Re: Maria L. Alexander v. Wyeth
(04-26750) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Estate of James Patrick and Christina A.
Salute. See PTO No. 4572. | 7-13-2005 | 5448 | Re: Aleisa Cotton v. Wyeth
(04-22909) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of William G. Gourley and Rebecca MacCormack. See
PTO No. 4569. | 7-13-2005 | 5449 | Re: Deborah Figarelle v. Wyeth
(04-26683) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of John Jensen. See PTO No. 4574. | 7-13-2005 | 5450 | Re: Alfreda Lara v. Wyeth
(04-21381) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Alfred Lara and Patty Griffin. See PTO No.
4584. | 7-13-2005 | 5451 | Re: Susan Nielsen v. Wyeth
(03-20061) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Gerladine S. Lazaroe. See PTO No.
4603. | 7-13-2005 | 5452 | Re: Glenda D. Abbott v. Wyeth
(04-20977) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Craig Chesley. See PTO No. 4583. | 7-13-2005 | 5453 | Re: Virginia Mason v. Wyeth
(04-20305) AND NOW TO WIT: This 13th day of July, 2005,
it having been advised that the issues between the parties in the
above listed action have been settled, and upon Order of the Court
pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of
this Court, it is hereby ORDERED that, pursuant to agreement of
counsel, the above action, and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 7-13-2005 | 5454 | Re: Carolyn A. Hunter v. Wyeth
(04-21668) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Jeane L. Byrd and Maria C. Sancehz See PTO No.
4647. | 7-13-2005 | 5455 | Re: Larry Russell v. Wyeth
(04-20095) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Jan Duplantis, Marylinn Lum, Anita Stoops,
Barbara Binford, Brenda F. Crawford, Jancie S. Williams, Galen N.
Buck, Deborah L. Williams, Linda R. Rowe, Rose L. Stewart, Donna K.
Renslow, Leo J. Ausere, Jean M. Wikene, Lloyd A. Jennings. See PTO
No. 4631. | 7-13-2005 | 5456 | Re: Demetra R. Brown v. Wyeth
(04-20968) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Demetra R. Brown. See PTO No.
4642. | 7-13-2005 | 5457 | Re: Emily Stover v. Wyeth
(04-20973) AND NOW, this 13th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Sarwat Rana and Cathleen Sanders. See PTO No.
4644. | 7-14-2005 | 5458 | Re: Vivien Peterson v. Wyeth
(04-21166) The Court, being hereby advised of the
Plaintiff’s voluntary motion to dismiss, does hereby dismiss the
above-named action, with prejudice, with each party to bear its own
fees and costs. | 7-15-2005 | 5459 | Re: Leslie Bales v. Wyeth
(04-20899) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that: 1. Pretrial Order No. 5349 is vacated solely
as it relates to the claims of Georgia I. Riley; and 2. The claims of Georgia I. Riley are
reinstated for the reason that this plaintiff refiled as CIV.A. No.
05-22756. | 5-15-2005 | 5460 | Re: Ursula Asher v. Wyeth
(04-20100) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that: 1. Pretrial Order No. 5442 is vacated solely
as it relates to the claims of Ike H. Ikemeier; and 2. The claims of Ike Ikemeier are reinstated
for the reason that this plaintiff refiled as CIV.A. No.
05-21690. | 5-15-2005 | 5461 | Re: Cheryl Yvonne Barnett v. Wyeth
(03-20460) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that plaintiff Cheryl Yvonne Barnett and Richard
Laminack, Esquire are jointly and severally liable to Wyeth in the
amount of $9,654.56 for its counsel fees and costs in connection
with this action. See Pretrial Order No. 5261. | 5-15-2005 | 5462 | Re: Susan Jones v. Wyeth
(04-28494) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the Severance Order in Susan Jones v. Wyeth
CIV.A. No. 04-28494 is VACATED. See PTO No. 4965. | 7-15-2005 | 5463 | Re: Diane Miles v. Wyeth
(05-20325) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the Severance Order in Diane Miles v. Wyeth
CIV.A. No. 05-20325 is VACATED. See PTO No. 5063. | 7-15-2005 | 4564 | Re: Joyce M. Dailey v. Wyeth
(04-25872) Plaintiff Joyce Dailey advises the Court
that she wishes to dismiss her 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
Joyce Dailey and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Joyce Dailey’s claims as to Defendant
Wyeth. 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. | 7-15-0005 | 5465 | Re: Verna Smith v. Wyeth
(04-28604) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within sixty (60) days of severance pursuant to
PTO No. 3770 7, 8, 10, 12 (E.D. Pa. Mar. 24, 2002): all claims of
Roderick Mitchell. See PTO No. 4625. | 7-15-2005 | 5466 | Re: Stacy L. Radke v. Wyeth
(04-21669) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within sixty (60) days of severance pursuant to
PTO No. 3770 7, 8, 10, 12 (E.D. Pa. Mar. 24, 2002): all claims of
Juanita Hernandez. See PTO No. 4653. | 7-15-2005 | 5467 | Re: Kayron E. Huttash v. Wyeth
(04-21034) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within sixty (60) days of severance pursuant to
PTO No. 3770 7, 8, 10, 12 (E.D. Pa. Mar. 24, 2002): all claims of
Rudy N. Jefferson-Kiser. See PTO No. 4654. | 7-15-2005 | 5468 | Re: Billie J. Harper v. Wyeth
(04-20982) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within sixty (60) days of severance pursuant to
PTO No. 3770 7, 8, 10, 12 (E.D. Pa. Mar. 24, 2002): all claims of
Shirley Nelson and Joe M. Payne. See PTO No. 4656. | 7-15-2005 | 5469 | Re: Marcia Y. Goff v. Wyeth
(04-21519) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within sixty (60) days of severance pursuant to
PTO No. 3770 7, 8, 10, 12 (E.D. Pa. Mar. 24, 2002): all claims of
Marcia Y. Goff, George Logan, Tressa L. Marchant, Donna M. Pirro,
Melissa S. McSwain, Amy M. Wilson, Maria Werning, and Viola
Patricia Sugg. See PTO No. 4750. | 7-15-2005 | 5470 | Re: Delores Baker v. Wyeth
(04-26961) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within sixty (60) days of severance pursuant to
PTO No. 3770 7, 8, 10, 12 (E.D. Pa. Mar. 24, 2002): all claims of
Mary S. Buchanan and Martha Louise J. Carter. See PTO No.
4627. | 7-15-2005 | 5471 | Re: Elvia Aguirre v. Wyeth
(04-273170 AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within sixty (60) days of severance pursuant to
PTO No. 3770 7, 8, 10, 12 (E.D. Pa. Mar. 24, 2002): all claims of
Leslee M. Brown, Andrea L. Dillard, Laura Miranda-Kalisz and Roslyn
Under. See PTO No. 4646. | 7-15-2005 | 5472 | Re: Sandra Abbott v. Wyeth
(04-21446) AND NOW, this 15th day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within sixty (60) days of severance pursuant to
PTO No. 3770 7, 8, 10, 12 (E.D. Pa. Mar. 24, 2002): all claims of
Sandra Abbott, Connie Claborn, Carol Davenport, Barbara Frazier,
Debbie Gammill, Sandra Green, Roxanne Jones and Robin Maahs. See
PTO No. 4737. | 7-18-2005 | 5473 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 18th day of July, 2005, it is
hereby ORDERED that the motion of claimants represented by Charles
Abbot "for expedited consideration of claimants (sic) motion to
have Dr. Joseph Kisslo and Dr. Neil Wessman disqualified from
participating in the retraining of auditors" (doc. No. 1899) is
DENIED as moot. | 7-18-2005 | 5474 | Re: Barbara Hillard v. AHP
(02-20168) AND NOW, this 18th day of July, 2005, it is
hereby ORDERED that: 1. The unopposed motion of Wyeth to "dismiss
for lack of prosecution and failure to comply with court orders" is
GRANTED; 2. Plaintiff’s action is dismissed with
prejudice for the reason that plaintiff Barbara Hillard has failed
to comply with this Court’s discovery orders; and 3. The clerk of court is directed to mark
this case closed. | 7-18-2005 | 5475 | Re: Christine A. Trampusch v. Wyeth
(04-23014) Plaintiff Christine A. Trampusch advises the
Court that she wishes to dismiss her 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
Christine A. Trampusch and Defendant Wyeth stipulate to the
dismissal with prejudice of Plaintiff Christine A. Trampusch’s
claims as to defendant Wyeth. 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. | 5-18-2005 | 5476 | Re: Ruth M. Roper v. Wyeth
(04-22696) Plaintiff Ruth M. Roper advises the Court
that she wishes to dismiss her 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
Ruth M. Roper and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Ruth M. Roper claims as to Defendant
Wyeth. 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. | 5-18-2005 | 5477 | Re: Jimmy D. Shoemaker v. Wyeth
(04-22215) Plaintiff Jimmy D. Shoemaker advises the
Court that she wishes to dismiss her 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
Jimmy D. Shoemaker and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Jimmy D. Shoemaker claims as to
Defendant Wyeth. 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. | 7-18-2005 | 5478 | Re: Willie Reeves v. Wyeth
(05-22045) IT IS HEREBY STIPULATED by and between the
parties to the above-captioned action, throught their designated
counsel of record, as follows: 1. On May 29, 2003, Plaintiff filed suit
against Wyeth and other defendants in the 151st Judicial District
Court of Harris County, Texas. See Docket Sheet for Willie Reeves
v. Wyeth, Cause No. 2003-30085, Harris County, Texas, a true and
correct copy of which is attached as Exhibit 1. 2. On July 15, 2003, Plaintiff filed his
Notice of Non-Suit in Harris County, which was heard by Judge
Caroline Baker on July 24, 2003. Judge Baker signed an Order of
Non-Suit on that date. See id.; see also, Order of Non-Suit, a true
and correct copy of which is attached as Exhibit 2. 3. On February 5, 2004, this action was
mistakenly removed from state court to the USDC for the Southern
District of Texas, Houston Division, and was subsequently
transferred to this Court as part of the Diet-Drug Products
Liability Litigation. 4. Based on the foregoing, the parties
HEREBY STIPULATE that this action, MDL No. 1203, Civil Action No.
05-cv-22045-HB, should be dismissed as to all defendants without
prejudice. 5. This Stipulation is filed on behalf of
Plaintiff Willie Reeves and Defendant Wyeth, the only defendant
that has appeared in the above-captioned matter. | 7-18-2005 | 5479 | Re: Rosa Castereno v. Wyeth
(04-20225) IT IS HEREBY STIPULATED by and between the
parties to the above-captioned action, through their designated
counsel of record, as follows: 1. On May 28, 2003, Plaintiffs Rosa
Castereno, Leonore M. Calzada, and Julia S. Ortiz filed suit
against Wyeth and Dr. Larry McEachern in the 32nd Judicial District
Court of Nolan County, Texas. 2. On November 10, 2003, Wyeth removed this
case to the USDC Court for the Northern District of Texas, Abilene
Division, where it was assigned Civil Action No.
1:03-CV-224-C. 3. On February 3, 2004, the Honorable Sam R.
Cummings, USDC Judge, signed an Order granting the parties’ Joint
Motion to Remand this action to the 32nd Judicial District Court of
Nolan County, Texas. A copy of Judge Cummins’ Order is attached
hereto as Exhibit 1. 4. On February 5, 2004, this case was one of
numerous cases designated for transfer to this Court in CTO No.
114. CTO No. 114 was finalized with respect to this action on
February 23, 2004. 5. On March 12, 2004, the case was docketed
in this Court. 6. On April 27, 2004, after being notified
of the remand ordered just two days before the CTO was issued, the
Judicial Panel on Multidistrict Litigation vacated CTO 114 insofar
as it relates to this action. A copy of the Order Vacating
Conditional Transfer Order is attached hereto as Exhibit
2. 7. On March 15, 2005. this Court entered
Pre-Trial Order No. 4573 ordering this action to be served into
separate civil actions. Upon receipt of PTO 4573, the parties
learned that this matter remains as an active case on this Court’s
docket. 8. Based on the foregoing, the parties
HEREBY STIPULATE that this action, MDL No. 1203, Civil Action No.
04-20225, should be dismissed as to all defendants without
prejudice. 9. This Stipulation is filed on behalf of
plaintiffs Rosa Castereno, Leonore M. Calzada, and Julia S. Ortiz
and Defendants Wyeth and Dr. Larry McEachern, who have appeared in
the above-captioned matter. | 7-18-2005 | 5480 | Re: Elaine C. King v. Wyeth
(04-22357) Plaintiff Elaine King advises the Court that
she wishes to dismiss her 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
Elaine King and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Elaine King claims as to Defendant
Wyeth. 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. | 7-18-2005 | 5481 | Re: Christina R. Rosa v. Wyeth
(04-25483) Plaintiff Christina R. Rosa advises the
Court that she wishes to dismiss her 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
Christina R. Rosa and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Christina R. Rosa claims as to
Defendant Wyeth. 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. | 7-18-2005 | 5482 | Re: Camille Noble v. Wyeth
(04-22144) Plaintiff Camille Noble advises the Court
that she wishes to dismiss her 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
Camille Noble and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Camille Noble claims as to Defendant
Wyeth. 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. | 7-18-2005 | 5483 | Re: Wanda Lissy v. Wyeth
(04-25254) Plaintiff Wanda Lissy advises the Court that
she wishes to dismiss her 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
Wanda Lissy and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Wanda Lissy claims as to Defendant
Wyeth. 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. | 7-18-2005 | 5484 | Re: Barbara Mickey v. Wyeth
(04-30019) AND NOW, this 18th day of July, 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 Barbara Mickey in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of
the Federal Rules of Civil Procedure. All parties in this action
who have entered an appearance have executed this dismissal through
the undersigned counsel of record. | 7-18-2005 | 5485 | Re: Kimberly Alawine v. Wyeth
(04-30018) AND NOW, this 18th day of July, 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 Kimberly Alawine the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of
the Federal Rules of Civil Procedure. All parties in this action
who have entered an appearance have executed this dismissal through
the undersigned counsel of record. | 7-18-2005 | 5486 | Re: Atria Kilgore v. Wyeth
(04-25346) Plaintiff Atria Kilgore advises the Court
that she wishes to dismiss her 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
Atria Kilgore and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Atria Kilgore claims as to Defendant
Wyeth. 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. | 7-18-2005 | 5487 | Re: Karen Martin v. Wyeth
(04-23251) Plaintiff Karen Martin advises the Court
that she wishes to dismiss her 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
Karen Martin and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Karen Martin claims as to Defendant
Wyeth. 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. | 7-18-2005 | 5488 | Re: Elizabeth Comeaux v. Wyeth
(03-20292) AND NOW, this 18th day of July, 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 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, Elizabeth Comeaux and Wyeth. | 7-18-2005 | 5489 | Re: William Crawford v. Wyeth
(04-21080) AND NOW, this 18th day of July, 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
Defendants Wyeth, Charles L. Gravely, Laura L. Medley, and Jeanine
D. Kovalcik, now known as Jeanine Stubbs, with each part to bear
its own costs and counsel fess. 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 William Crawford and all Defendants who have appeared in
the above-captioned matter, those being Wyeth, Charles L. Gravley,
Laura L. Medley, and Jeanine D. Kovalcik, now known as Jeanine
Stubbs. | 7-19-2005 | 5490 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 19th day of July, 2005, upon
consideration of Wyeth’s motion to Appoint Stuart J. Land to the
Board of Directors for The Cardiovascular Medical Research and
Education Fund, Inc., it is hereby ORDERED that said motion is
GRANTED. Mr. Stuart Land is hereby APPOINTED, effective
immediately, to serve on the Board of Directors for The
Cardiovascular Medical Research and Education Fund, Inc. Upon entry
of this order, the resignation of Ellen Reisman as a director of
the Cardiovascular Medical Research and Education fund shall be
deemed effective. | 7-19-2005 | 5491 | Re: Shirley Y. Williams v. Wyeth
(04-22305) It is hereby STIPULATED and AGREED between
Fleming & Associates, L.L.P. and Wyeth, through their
respective counsel, that Fleming & associates shall file its
response in opposition to Wyeth’s Motion to Compel on or before
July 21, 2005. This extension is for a period of less that
thirty (30) days. No prior extension has been requested or given in
this matter. | 7-19-2005 | 5492 | Re: All Actions FILED UNDER
SEAL AND NOW, July 19, 2005, upon consideration
of PMC’s Motion for Release and Use of Funds form the MDL 1203 Fee
and Cost Account, established by Gregory Miller, Esquire, Escrow
Agent, it is hereby ORDERED and DECREED that said Motion is GRANTED
and Gregory Miller, Esquire, is directed to make payment on
invoices totaling One Hundred Thousand Two Hundred Forty-Six
dollars and Seventy-Six Cents to the PMC Fen-Phen Litigation
Account, by wire transfer. | 7-20-2005 | 5493 | Re: William Wonders v. AHP
(03-20066) AND NOW, this 20th day of July, 2005, it is
hereby ORDERED that Pretrial Order No. 5446 is vacated as it
relates to the claims of Gayle Larris (n/k/a Gayle Edwards). The
claims of Gayle Larris (n/k/a Gayle Edwards) are reinstated for the
reasons that this plaintiff refiled as CIV.A. No.
05-22142. | 7-21-2005 | 5494 | Re: Jennifer Griffing v. Smith’s Food &
Drug Centers, Inc. (04-22961) AND NOW, this 21st day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Jennifer Griffing, patricia Jacobs, Debra
Miller, Joyce Musser, Lillian Starks and Nancy Williams. See PTO
No. 4801. | 7-21-2005 | 5495 | Re: Gloria Riley v. Wyeth
(04-22983) AND NOW, this 21st day of July, 2005, it is
hereby ORDERED that the following claims are dismissed with
prejudice for failure of plaintiffs to have filed a severed and
amended complaint within 60 days of severance pursuant to PTO No.
3770: all claims of Terri Deborah. See PTO No. 4815. | 7-21-2005 | 5496 | Re: Marie Roawden v. AHP
(04-22765) AND NOW, this 21st day of July, 2005, it is
hereby ORDERED that the motions of plaintiff for "sanctions for
Wyeth’s repearted violations of PTO No. 21" are DENIED. See PTO No.
5037. | 7-21-2005 | 5497 | Re: Jacquelyn Jones v. Wyeth
(04-26146) AND NOW, this 21st day of July, 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 Jacquelyn Jones in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This stipulation complies with Rule 41(a) of
the Federal Rules of Civil Procedure. All parties in this action
who have entered an appearance have executed this dismissal through
the undersigned counsel of record. | 7-21-2005 | 5498 | Re: Sheila Brown v. AHP (99-20593) claimant:
Jeanette E. Miller And now, this 21st day of July, 2005, upon
consideration of the Stipulation between claimant Jeanette E.
Miller and the AHP Settlement Trust attached hereto, it is hereby
ORDERED that the Stipulation is approved, the Order to Show Cause
regarding Claimant Jeanette E. Miller is discontinued, and PTO No.
5243, as it pertains to Claimant Jeanette E. Miller, is
vacated. | 7-21-2005 | 5499 | Re: Sheila Brown v. AHP (99-20593) claimant:
Yolanda Marzett And now, this 21st day of July, 2005, upon
consideration of the Stipulation between claimant Yolanda Marzett
and the AHP Settlement Trust attached hereto, it is hereby ORDERED
that the Stipulation is approved, the Order to Show Cause regarding
Claimant Yolanda Marzette is discontinued, and PTO No. 3077, as it
pertains to Claimant Yolanda Marzett, is vacated. |
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