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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
7-22-2005 | 5500 | Re: Sandra Abbott v. Wyeth (04-21446) AND NOW, this 22nd day of July, 2005, it is
hereby ORDERED that Pretrial Order No. 5472 is
VACATED. | 7-22-2005 | 5501 | Re: Chandra Bell Estate v. Wyeth
(04-20141) AND NOW, this 22nd 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 Douglass Baker and Linda Perkins. | 7-22-2005 | 5502 | Re: Bonnie F. Gauthier v. Wyeth
(02-20159) AND NOW, this 22nd 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 Tony Muguira and Aisha Troxclair. See PTO No.
4847 | 7-22-2005 | 5503 | Re: Gwen Gibson v. Wyeth
(03-20313) AND NOW, this 22nd 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 Francis Bowling Harris. See PTO No.
4863. | 7-22-2005 | 5504 | Re: Susan Schultz v. Wyeth
(04-29436) AND NOW, this 22nd 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 Susan G. Schultz and Janet Weaver. See PTO No.
4754. | 7-22-2005 | 5505 | Re: Tara Allred (04-21630), Mary Beth
Alsdorf (04-21123), M. Pamela Bryant (04-21643), Rebecca Carroll
(04-21649), Sharon Cathey (04-26341), Connie Cheney (04-20954),
Leota Childress (04-22881), Tommie J. Cobb (04-20608), Daniel C.
Culver (04-20930), Nicol Dames (04-21368), Nancy E. Diamond
(04-22799), Patricia Ann Filippini (04-21568), Patricia Dodson Fox
(04-26384), Eureta George (04-21646), Jill Diane Gipson (04-21513),
Ella Harleaux (03-20012), Christy Hazelwood (02-20208), Maria
Hernandez (04-21628), Karen Huetwohl (03-20080), William Hymes
(04-20759), Barbara Kirby (04-26368), Lesley Korogianos (04-20756),
Rita Latham (04-21561), Guia Lathrop (04-21577), Lorine
Legrand-Cooks (04-21421), Betty Leveritt (04-20431), Mary Sue
Lindle (04-21644), Marilyn Luder (04-21619), Audrey L. Malone
(04-21626), Lonnie McConnell (04-21407), Michelle G. McCoy
(04-21615), Connie McCracken (04-21416), Nancy W. McCreary
(04-21406), Marilyn McKnight (04-21621), Rosiland Meeks (04-21415),
Ruby Meriweather (04-26201), Michelle Merriman (04-21614), Phyllis
Michel (04-21560), Jane Miller (04-21605), Laura Mire (04-21648),
Sandy Mixon (04-21603), Joyce L. Montgomery (04-21402), Nichelle
Montgomery (04-21567), Idalia Morin (04-21638), Jennifer Nerf
(04-21420), Suella Newell (04-21417), Patti Nolte (04-21606), Karen
Nygard (04-21409), Norma W. Peddie (04-21637), Michelle Beatrice
Plummer (04-21413), Betty Sue Potter (04-21647), Shannon Proteau
(04-21562), Deborah K. Purvis (04-21595), Luz Veronica Rivera
(04-21613), Teresa Rivero (04-21573), Linda Russell (04-26335), Bob
Satterwhite (03-20403), Barbara Savell (04-21598), Rebecca H.
Scherschell (04-20208), Carol A. Sedberry (04-21564), Shelly A.
Sedberry (04-21558), Ninfa A. Sepulveda (04-21612), Barbara Jo
Sikes (04-20602), Mary E. Sirmons (04-21645), John Sisk (04-21631),
Carroll Mack Smith (04-25841), Linda Smith (04-20585), Rosie
Spencer (04-21601), Lori Stewart (04-21609), Samuel M. Sullivan
(04-21602), Cliff W. Swearingen (04-21640), Thomas J. Swearingen
(04-21600), Tana Tamez (04-21559), Novella Thacker (04-20755),
Debra Thibeault (04-21419), Dorothy Thomas (04-20537), Sandra K.
Thompson (04-20541), Charlotte Tipton (04-21576), Jeanne C. Tobin
(04-21400), Sharon Turner (04-20586), Laura Van Walsen (04-21410),
Evelyn Vega (04-20492), Joyce Venters (04-20529), Lois B. Ventura
(04-21639), Harriet Vincent (04-21623), Deborah G. Vining
(04-21559), Geneva Vyvial (04-21629), Judy Waite (04-21632), Marty
Wakefield (04-20543), Betty A. Walker (04-21624), Barbara Warren
(04-20489), Linda Watrous (04-20488), Ruby Janelle Wells
(04-21563), Elizabeth Williams (04-20607), Demeta P. Woodfin
(04-20606), Janna D. Wright (04-20527), Tammi Wright (04-20536),
Tommie Gayle Wright (04-21557), & Sharon Wszolek (04-21569) v.
Wyeth AND NOW, this 22nd day of July, 2005, it is
hereby ORDERED that: 1. The motions of plaintiffs to remand in
the above-captioned actions are DENIED; and 2. All defendants in the above-captioned
actions except Wyeth are DISMISSED. | 7-22-2005 | 5506 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 22nd day of July, 2005 for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that the motion of V.E. Dorsey for an order determining
that he has opted out of the Class Action Settlement Agreement is
DENIED. | 7-22-2005 | 5507 | Re: All Actions AND NOW, TO WIT, this 22nd day of July,
2005, upon consideration of the Sixty-First Application by Escrow
Agent for Interim Compensation and Reimbursement of Expenses
(06-01-05 through 06-30-05), 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 for
legal fees in the amount of $16,799.05 for the period from
(06-01-05 through 06-30-05), in accordance with the procedure
established by the Court. | 7-22-2005 | 5508 | Re: All Actions AND NOW, TO WIT, this 22nd day of July,
2005, upon consideration of the Fifty-Fifth Application by Special
Master to the AHP Settlement Trust for Interim Compensation and
Reimbursement of Expenses (06-01-05 through 06-30-05). 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
$146,749.78 for the period from 06-01-05 through 06-30-05, in
accordance with the procedure established by the
Court. | 7-22-2005 | 5509 | Re: All Actions AND NOW, TO WIT, this 22nd day of July,
2005, upon consideration of the Thirty-Ninth Application by Special
Master for Interim Compensation and Reimbursement of Expenses
Relating to Pretrial Order No. 2383 (06-01-05 through 06-30-05), 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 $14,888.94 for the
period from 06-01-05 through 06-30-05, in accordance with the
procedure established by the Court. | 7-22-2005 | 5510 | Re: All Actions AND NOW, TO WIT, this 22nd day of July,
2005, upon consideration of the Eighty-Seventh Application by
Special Discovery Master for Interim Compensation and Reimbursement
of Expenses (06-01-05 through 06-30-05), IT IS HEREBY ORDERED that
the Application is hereby GRANTED and it is directed that the
parties reimburse the Special Discovery Master for disbursements
and compensation for legal fees in the amount of $125,550.87 for
the period from 06-01-05 through 06-30-05, in accordance with the
procedure established by the Court. | 7-25-2005 | 5511 | Re: Ilene R. Allen v. Wyeth
(04-22924) AND NOW, this 25th day of July, 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 Norma j. Rudel. See PTO No. 4741. | 7-25-2005 | 5512 | Re: Bonnie Hebert v. AHP
(99-20068) AND NOW, this 25th 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 Bonnie Hebert, Shawn Ingel and Tamara Israel.
See PTO No. 4767. | 7-25-2005 | 5513 | Re: Sabrina Robbins v. AHP
(03-20177) AND NOW, this 25th 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 Sabrina Roberts. See PTO No. 4781. | 7-25-2005 | 5514 | Re: Madeline Shaw v. Wyeth
(04-21380) AND NOW, this 25th 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 Sandra Anderson. See PTO No. 4758. | 7-25-2005 | 5515 | Re: Hertha Timm v. AHP
(03-20179) AND NOW, this 25th 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 Candace Pederson. See PTO No.
4787. | 7-26-2005 | 5516 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 26th day of July, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. The motion of the following claimants for
an extension of 90 days to obtain an echocardiogram through the
screening program is GRANTED: See order, initials
only. 2. The motion of the following claimants for
an extension of time to obtain an echocardiogram through the
screening program is DENIED: See order, initials only. 3. The Trust and the following claimants
shall have 30 days to provide the court with additional information
as discussed in the accompanying Memorandum. Where the Trust has no
further information, it shall so state within the same 30 days: See
order, initials only. 4. M.M. and L.L.R. shall have 30 days to
provide the Trust with a copy of their late echocardiograms, which
were performed after the screening program deadline. The Trust is
ordered to accept the late echocardiograms | 7-27-2005 | 5517 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 27th day of July, 2005 for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. The AHP Settlement Trust (the "Trust")
shall within 15 days of the date of this order give written notice
to the class members whose claims are supported by echocardiograms
conatining anachronistic inserts. For all echocardiograms
hereinafter discovered to have such inserts, the Trust shall within
15 days of the discovery of such insert give notice to affected
class members. Said notice shall advise class members that their
claims will be denied without an opportunity to proceed to a show
cause hearing unless they send a written request to the Trust
within 30 days after the notice is sent that their echocardiograms
be re-audited. The notice shall inform class members of the cost of
removing the inserts and conducting the re-audit. Any request for
re-audit must be made in writing within 30 days after notice is
sent by the trust. The request must be signed and dated by the
class member, or in the case of a deceased class member, by his or
her personal representative, and accompanied by the appropriate
payment for the cost of the removal of the insert and of the
re-audit; 2. After the request for the re-audit is
received with the required payment, the Trust shall remove the
anachronistic insert(s) before conducting a re-audit without
reference to the previously inserted images to determine whether
there is a reasonable medical basis for the claim. Any such
re-audits shall be expedited; 3. For all claimants represented by counsel
and electing re-audit, counsel shall pre-pay the trust for the
reasonable cost of removing any inserts and re-auditing the claims.
Counsel shall not seek reimbursement from their clients for these
costs; 4. Any class members whose claims are denied
after re-audit may challenge the denial through the show cause
process; and 5. Any class member whose claim is
compensable under the criteria of the Settlement Agreement after
re-audit shall be paid. | 07-28-2005 | 5518 | Re: All Actions AND NOW, this 28th day of July, 2005, upon
consideration of the Joint Motion of Wyeth and the Claims
Facilitating Committee to Implement a Further Stay Procedure, it is
hereby ORDERED as follows: 1. The Joint Motion of Wyeth and the Claims
Facilitating Committee to Implement a Further Stay Procedure is
GRANTED. 2. Upon the entry of this Order, all
proceedings in the cases of plaintiffs named on a stipulation,
entered between Wyeth and plaintiffs’ law firms and submitted to
the Special Discovery Master, to stay the prosecution of
plaintiffs’ claims pending settlement negotiations, shall be stayed
for the following time periods: A. With respect to proceedings of plaintiffs
represented by the following law firms, the stay shall be in effect
for a period of 60 days from the date of entry of this Order: Alley
& Ingram; Bartimus, Frickleton, Robertson & Obetz, P.C.;
Bertram Law Firm; Law Offices of Art Brender; DeHart Crockett,
P.C.’ Early, Ludwick & Sweeney; Garrison Scott, P.C.; Greener,
Banducci, Shoemaker, PA; Heard, Robins, Cloud, Lubel &
Greenwood (with Benckenstein & Oxford, LLP); Mayfield &
Ogle, PA; McKnight, DeHart & Crockett, L.L.P.; Murray Law Firm;
Myler, Bradford, & Associates; Neese Law Firm; Petroff &
Associates; Provost & Umphrey, LLP; Ross Law Firm; Saunders
& Walker, P.A.; Slack & Davis, L.L.P.; Michael C. Smith;
Summers & Johnson, P.C.; Susman Godfrey, L.L.P.; Walters Law
Firm; Williamson Law Firm; and Zimmerman Reed, PLLP;
and B. With respect to proceedings of the
reaming plaintiffs named in stipulations submitted to the Special
Discovery Master, a stay of proceedings shall be in effect for a
period of 180 days from the date of entry of this Order unless
otherwise ordered by the Court; 3. All proceedings in the cases of
plaintiffs listed on a stipulation described in Paragraph 2 that is
submitted to the Special Discovery Master following the date of
this Order shall be stayed for a period of 180 days from the date
of that submission; 4. Stays pursuant to this Order shall be
deemed effective beginning on the date that such a stipulation is
submitted to the Special Master (whether such submission occurred
prior to or follows the date that this Order was
entered); 5. Without limiting the foregoing, stays of
proceedings pursuant to this Order shall include suspension of any
obligations of the plaintiffs identified on such stipulations to
file Severed and Amended Complaints on or after the effective date
such stipulation was submitted, as otherwise would be required
pursuant to Pretrial Orders entered in MDL No. 1203; 6. The Special Master shall file with the
Clerk of Court stipulations submitted pursuant to Paragraphs 2 and
3, and/or summary listings or reports thereof, in such manner and
at such time as the Special Discovery Master deems appropriate to
keep the Court apprised of the status of the relevant
proceedings; 7. If either party to a Stay notifies the
Special Discovery Master that additional time is needed for
settlement purposes, the Special Discovery Master may, for good
cause shown, extend the stay for a period determined by the Special
Discovery Master to be appropriate; 8. If notice is provided to the Special
Discovery Master by either party to a stay that the settlement
process was unsuccessful with respect to any claim or claims, the
stay shall be lifted with respect to such claim or claims and all
stayed proceedings shall resume 30 days form the date of said
notice, with appropriate adjustments to any discovery or trial
scheduling order previously issued in the case(s); 9. The Special Discovery Master may schedule
Status conferences with Wyeth, plaintiffs’ law firms, and/or
members of the Claims Facilitating Committee to be updated on the
Settlement Process; 10. Upon notification from Wyeth that a law
firm participating in the Settlement Process has failed to provide
information and documentation necessary for the expeditious process
of claims under the Settlement Process, the Special Master may
issue a Notification of Deficiency, and provide a 30-day period for
the participating law firm to cure the deficiency. On or before the
30th day of issuance, Wyeth shall inform the Special Master whether
the recipient law firm has cured the deficiency by either providing
the requested information and documentation or providing reasons
why it cannot be submitted to Wyeth within such period. If the
deficiency has not been cured, the Special Master shall prepare an
order for the Court lifting the stay; 11. Except as provided in paragraph 7, stays
will expire at the end of period specified in
Paragraphs | 5518 Cont. | | paragraphs 2 and 3 above, with the exception
of those cases involving plaintiffs who are minors, who are in
bankruptcy, or who for similar reasons require prior court approval
in order for releases to be executed. In such cases, stays shall
continue until the necessary court approval has been secured and
dismissals have been filed; 12. This Order shall supersede Pretrial
Order Nos. 4389 and 4714, and Pretrial Order Nos. 4389 and 4714 are
hereby vacated to the extent they are not consistent with this
Order. | 7-28-2005 | 5519 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 28th day of July, 2005,
because the claims subject to Report and Recommendation No. 28 of
Special Discovery Master are stayed pending settlement
negotiations, it is hereby ORDERED that Repot and Recommendation
No. 28 of Special Discovery Master (Doc. No. 207998) is DENIED
without prejudice. | 7-28-2005 | 5520 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 28th day of July, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. Report and Recommendation Nos. 15, 19,
22, and 24 of Special Discovery Master are AFFIRMED in part and
DENIED in part; 2. All claims of the following plaintiffs
are dismissed with prejudice: Lynn Dye (04-21256), Judith R. Kramer
(04-21283), Eunice White (04-21285), Lorene Roberts (04-21209),
Sondra Jones (04-20091), Catherine Sikes (04-20089), Adele R.
Giordano (03-20412) and Pamela D. Beckham (04-25950);
and 3. Report and Recommendation Nos. 15, 19,
22, and 24 are DENIED without prejudice as they pertain to the
following class members: Pam Drenner (04-21243), Karen E. Sheeran
(04-21243), Karen E. Sheeran (04-21308), Gloria Consonery
(04-21277), Dal E. Onan (04-21278), Kyra Houston and Patricia Laney
(03-20429), Joyce Lessing (03-20520), Annie H. Harting (04-20104),
Mary L. McIlwain (04-20127), Claudia Metzger (04-20105), Doris D.
Roberts (04-20114), Albert G. Aikins, Jr., William Burrough,
Virginia Allen , and Carol Collins (04-21235), Jean C. Ali
(04-21289), Terry Americk (04-21311), Christy D. bowe (04-21227),
Barbara Caraway (04-21222), Linda Gibson, Wendy Hawkins, and Pamela
Hobby (04-21220), Raymond V. Gilmore (04-21305), Gwendolyn Houston
(04-21271), Sonja Hughes (04-21307), Wanda J. Jackson (04-21214),
Joanne Laird (04-21309), Susan McBride (04-21309), Iris McCollum,
Kimberly Snoddy-George, Sondia Stevenson, and Darryl Williams
(04-21216), Terry Anderson (04-21292), Patricia H. McMillan
(04-21322), Carl M. Millberg (04-21262), Sandra D. Neal (04-21239),
Helen Nixon (04-21296), Tammy Santana-Trebes (04-21265), Christine
M. Tague (04-21332), Alvin Towle (04-21260), Dorothy M. Ulitsch
(04-21218), Debroah G. Weatherman-Gentry (04-21316), Laverne
Zellman (04-21263), Connie Black (04-23816), Debra Davis
(04-24009), Rebecca Dear (04-21757), Margie Dial (04-21723),
Barbara J. Duckworth (04-21783), Linda Malone (04-23908), Marie
Milam (04-23915), Linda Pounders (04-23935), Brenda Strickland
(04-21767), Rebecca Boyette (04-21225), and Marion Collier and
Patricia Hodges (04-21220). Because these plaintiffs actions are
stayed, we will not dismiss their claims; 4. Report and Recommendation Nos. 15, 19,
and 24 are DENIED as moot as they pertain to the following class
members whose claims have already been dismissed: Shelba Jean
Ballard (04-21243), Debora K. Cox (03-20417), Dale McDaniel
(03-20471), Shaune Lowery (04-21220), Della White (04-21263), and
Ethel Johnson (04-25916); and 5. The motion of counsel for Rebecca Boyette
(04-21225) to withdraw as counsel (Doc. #3) is DENIED as
moot. | 8-15-2005 | 5521 | Re: Agnes G. Bonner v. AHP
(01-20139) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion fo Wyeth to dismiss
in the above-captioned matter is GRANTED; and 2. The clerk of court is directed to mark
this case closed. | 8-15-2005 | 5522 | Re: Carolyn W. Meekins (04-26375), William
G. McKeown (04-26327) & Arlene K. Heimbach (04-26637) v.
Wyeth AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. The motions of plaintiffs to remand in
the three above-captioned actions are DENIED; and 2. The claims against all defendants except
Wyeth are DISMISSED. | 8-15-2005 | 5523 | Re: Millie Barton v. Wyeth
(05-20095) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. Plaintiffs’ motion to remand in the
above-captioned action is DENIED; and 2. All defendants in the above-captioned
action except Wyeth, Wyeth-Ayerst Laboratories, and A.H. Robins
Company, Inc. are DISMISSED. | 8-15-2005 | 5524 | Re: Jim and Lynda Qualls v. AHP
(04-21554) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to "dismiss
for failure to designate case-specific experts" (Doc. #2) is
GRANTED; and 2. Plaintiffs’ claims are dismissed with
prejudice for the reason that plaintiffs Jim and Lynda Qualls have
failed to comply with this Court’s discovery orders;
and 3. The Clerk of Court is directed to mark
this case CLOSED. | 8-15-2005 | 5525 | Re: Regina Jones McMullen (03-20235), Joe
Gilliland (04-24042), Terry Anderson (04-21292), Sonja Hughes
(04-21307) & Ernestine Withrow (03-20163) v. Wyeth AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that the motions of counsel are DENIED without
prejudice. | 8-15-2005 | 5526 | Re: Geraldine M. Kinard (04-26455) &
Lenora Shuler (04-26377) v. Wyeth AND NOW, this 15th day of August, 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. | 8-15-2005 | 5527 | Re: Katherine Doss (05-20410), Mary B.
Flores (05-20248) & Terri A. Thompson (05-20415) v.
Wyeth AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. The motions of plaintiffs to remand in
the three above-captioned actions are DENIED; and 2. The claims against all defendants except
Wyeth are DISMISSED. | 8-15-2005 | 5528 | Re: Don Constantine v. Wyeth
(04-20259) AND NOW, this 15th day of August, 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, Wyeth-Ayerst Laboratories, and A. H. Robins
Company, Inc. are DISMISSED. | 8-15-2005 | 5529 | Re: J. Stewart Bass v. Wyeth
(04-26701) AND NOW, this 15th day of August, 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, Wyeth-Ayerst Laboratories, and Wyeth-Ayerst
Pharmaceuticals, Inc. Are DISMISSED. | 8-15-2005 | 5530 | Re: Catherine M. Welch v. Wyeth
(04-29441) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. The motion of Wyeth to dismiss the
fraudulently joined defendants (Doc. #2) is GRANTED;
and 2. The claims against all defendants except
Wyeth are DISMISSED. | 8-15-2005 | 5531 | Re: All Actions AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. The motion of the law offices of Joseph
H. Malley, P.C., to place under seal Exhibit A of the "motion to
provide notice of attorney’s lien to AHP Trust, Wyeth, and
AHP/Seventh Amendment Settlement Fund Administration of Malley’s
interest in the ‘Malley/Richardson fen-phen cases;" (Doc. No.
208166 - Ex. A) (Doc. No. 208234) is GRANTED. 2. Exhibit A of Doc. No. 208166 shall be
placed under seal; and 3. The "first amendment motion" filed with
regarding thereto (Doc. No. 208210) shall be marked
withdrawn. | 8-15-2005 | 5532 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. Pretrial Order No. 5519 is VACATED;
and 2. Because the claims subject to Report and
Recommendation No. 29 of Special Discovery Master are stayed
pending settlement negotiations, Report and Recommendation No. 29
of Special Discovery Master (Doc. No. 207997) is DENIED without
prejudice. | 8-15-2005 | 5533 | Re: Janet A. Allen-Shapiro v. Wyeth
(05-20689) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. Plaintiffs’ motion to remand in the
above-captioned action is DENIED; 2. All defendants in the above-captioned
action except Wyeth are DISMISSED; 3. The motion of defendant Homero Rodriguez
to dismiss (Doc. #3) is DENIED as moot; and 4. The motion of defendant Kathleen Daniel,
M.D. to dismiss (Doc. #4) is DENIED as moot. | 8-15-2005 | 5534 | Re: Celina Osuna v. Wyeth
(05-21060) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. Plaintiffs’ motion to remand in the
above-captioned action is DENIED; and 2. The claims against all defendants except
Wyeth are DISMISSED. | 8-15-2005 | 5535 | Re: Melissa Areingdale v. Wyeth
(04-28933) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that the motion of plaintiffs to remand is
DENIED. | 8-15-2005 | 5536 | Re: Katherine M. Dunn v. AHP
(02-20151) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to enforce
the Settlement Agreement and Pretrial Order No. 1415 against class
member Katherine M. Dunn is GRANTED; and 2. The clerk of court is directed to mark
this case closed. | 8-15-2005 | 5537 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 15th day of August, 2005, upon
consideration of a Motion by Washington State Class Counsel, it is
hereby ORDERED and DECREED that the below designated law firms 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, as follows: *Keller Rohrback, LLP -
$81,696.34 *Lukins & Annis, P.S. -
$140,787.11 | 8-15-2005 | 5538 | Re: Delbra K. Gaston v. Wyeth
(04-23187) Plaintiff Delbra K. Gaston 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
Delbra K. Gaston and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Delbra K. Gaston’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. | 8-15-2005 | 5539 | Re: Kyle K. Walters v. Wyeth
(04-24313) Plaintiff Kyle K. Walters 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
Kyle K. Walters and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Kyle K. Walters’ 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. | 8-15-2005 | 5540 | Re: Richard Carlson v. Wyeth
(04-24234) Plaintiff Richard Carlson 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
Richard Carlson and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Richard Carlson’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. | 8-15-2005 | 5541 | Re: Diann R. Griffiths v. Wyeth
(04-24287) Plaintiff Diann R. Griffiths 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
Diann R. Griffiths and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Diann R. Griffiths’ 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. | 8-15-2005 | 5542 | Re: Victor Gables v. Wyeth
(04-29705) AND NOW, this 15th day of August, 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 Defendant Michael S. Riley, 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 Victor Gables and Defendant Michael S. Riley, M.D., who
have appeared in the above-captioned matter. | 8-15-2005 | 5543 | Re: Mattie Cloyd v. Wyeth
(04-29367) AND NOW, this 15th day of August, 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 Defendant David Young Lee, 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 Mattie Cloyd and Defendant David Young Lee, M.D., who
have appeared in the above-captioned matter. | 8-15-2005 | 5544 | Re: Rose E. Smithey v. Wyath
(04-21859) THIS MATTER comes before the Court on the
stipulated joint motion of Plaintiff Rose E. Smithey and the
Defendants to dismiss the claims of Plaintiff Rose E. Smithey
without prejudice as against Defendants. AND NOW, this 15th day of August, 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. | 8-15-2005 | 5545 | Re: Mary D. Fulton v. Wyeth
(04-21895) THIS MATTER comes before the Court on the
stipulated joint motion of Plaintiff Mary D. Fulton and the
Defendants to dismiss the claims of Plaintiff Mary D. Fulton
without prejudice as against Defendants. AND NOW, this 15th day of August, 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. | 8-15-2005 | 5546 | Re: Sheila Brown v. AHP
(99-20593) And now, this 15th day of August, 2005, upon
consideration of the Stipulation between Claimant Edith Seipp and
the AHP Settlement Trust attached hereto, it is hereby ORDERED that
the stipulation is approved, the Order to Show Cause regarding
Claimant Edith Seipp is discontinued, and Pretrial Order no. 5244,
as it pertains to Claimant Edith Seipp, is vacated. | 8-15-2005 | 5547 | Re: Sheila Brown v. AHP
(99-20593) And now, this 15th day of August, 2005, upon
consideration of the Stipulation between Claimant Marianne Wright
and the AHP Settlement Trust attached hereto, it is hereby ORDERED
that the stipulation is approved, the Order to Show Cause regarding
Claimant Marianne Wright is discontinued, and Pretrial Order no.
5244, as it pertains to Claimant Mariann e Wright, is
vacated | 8-15-2005 | 5548 | Re: Robert Stewart v. Wyeth
(05-20895) AND NOW, this 15th day of August, 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 Defendant Magdi Elsaddi, 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 Robert Stewart and Defendant Magdi Elsaddi, M.D., who
have appeared in the above-captioned mater. | 8-15-2005 | 5549 | Re: Kathy Chamberlain (Shelly Winslow) v.
Wyeth (04-27235) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff
Shelly Winslow hereby dismisses with prejudice this action as to
all defendants, Wyeth, Wyeth Pharmaceuticals, Inc., and
Wyeth-Ayerst International, Inc. (collectively herein "Wyeth"),
with each party be 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 Revoke Opt-Out Form executed by the plaintiff Shelly Winslow on
March 1, 2004, and agreed to by Wyeth on April 7,
2004. This Stipulation is filed on behalf of
plaintiff Shelly Winslow and defendants, Wyeth, Wyeth
Pharmaceuticals, Inc., and Wyeth-Ayerst International, Inc., who
have appeared in the above-captioned matter. | 8-15-2005 | 5550 | Re: Mary Wasson (Donna Simmons) v. Wyeth
(04-26926) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Donna
Simmons hereby dismisses with prejudice this action as to all
defendants, Wyeth, Wyeth Pharmaceuticals, Inc., and Wyeth-Ayerst
International, Inc. (collectively herein "Wyeth"), with each party
be 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 Revoke Opt-Out
Form executed by the plaintiff Mary Wasson on March 1, 2004, and
agreed to by Wyeth on April 7, 2004. This Stipulation is filed on behalf of
plaintiff Mary Wasson and defendants, Wyeth, Wyeth Pharmaceuticals,
Inc., and Wyeth-Ayerst International, Inc., who have appeared in
the above-captioned matter. | 8-15-2005 | 5551 | Re: Laura Petty (Genette Shields) v. Wyeth
(04-26923) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff
Genetta Shields hereby dismisses with prejudice this action as to
all defendants, Wyeth, Wyeth Pharmaceuticals, Inc., and
Wyeth-Ayerst International, Inc. (collectively herein "Wyeth"),
with each party be 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 Revoke Opt-Out Form executed by the plaintiff Genetta Shields
on March 1, 2004, and agreed to by Wyeth on April 7,
2004. This Stipulation is filed on behalf of
plaintiff Genetta Shields and defendants, Wyeth, Wyeth
Pharmaceuticals, Inc., and Wyeth-Ayerst International, Inc., who
have appeared in the above-captioned matter. | 8-15-2005 | 5552 | Re: Adriana Rodriguez (Deana Sandberg) v.
Wyeth (04-27252) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Dena
Sandberg hereby dismisses with prejudice this action as to all
defendants, Wyeth, Wyeth Pharmaceuticals, Inc., and Wyeth-Ayerst
International, Inc. (collectively herein "Wyeth"), with each party
be 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 Revoke Opt-Out
Form executed by the plaintiff Dena Sandberg on March 2, 2004, and
agreed to by Wyeth on April 7, 2004. This Stipulation is filed on behalf of
plaintiff Dena Sandberg and defendants, Wyeth, Wyeth
Pharmaceuticals, Inc., and Wyeth-Ayerst International, Inc., who
have appeared in the above-captioned matter. | 8-15-2005 | 5553 | Re: Danielle Fox (Lindi Roberts) v. Wyeth
(04-27259) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Lindi
Roberts hereby dismisses with prejudice this action as to all
defendants, Wyeth, Wyeth Pharmaceuticals, Inc., and Wyeth-Ayerst
International, Inc. (collectively herein "Wyeth"), with each party
be 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 Revoke Opt-Out
Form executed by the plaintiff Lindi Roberts on March 3, 2004, and
agreed to by Wyeth on April 1, 2004. This Stipulation is filed on behalf of
plaintiff Lindi Roberts and defendants, Wyeth, Wyeth
Pharmaceuticals, Inc., and Wyeth-Ayerst International, Inc., who
have appeared in the above-captioned matter. | 8-15-2005 | 5554 | Re: Mary Wasson (Delana Hay) v. Wyeth
(04-26926) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff
Delana Hay hereby dismisses 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
Stipulation and Order shall be subject to the Nationwide Class
Action Settlement Agreement. This Stipulation is filed on behalf of
plaintiff Delana Hay and defendant Wyeth, who have appeared in the
above-captioned matter. | 8-15-2005 | 5555 | Re: Mary Jackson v. Wyeth
(04-29487) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Mary
Jackson hereby dismisses with prejudice this action as to all
defendants, Wyeth with each party to bear its own costs and counsel
fee. This dismissal is without prejudice to any rights plaintiff
Mary Jackson may later accrue under the Nationwide Class Action
Settlement Agreement. This Stipulation is filed on behalf of
plaintiff Mary Jackson and defendant Wyeth, who have appeared in
the above-captioned matter. | 8-15-2005 | 5556 | Re: Connie Brandes v. Wyeth
(04-26752) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff ,
Connie Brandes 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. | 8-15-2005 | 5557 | Re: Carolyn Dickerson v. Wyeth
(04-25097) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, and DECREED, pursuant to Rule 41(a)
of the Federal Rules of Civil Procedure, that the claims of the
Plaintiff, Carolyn Dickerson, 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. | 8-15-2005 | 5558 | Re: Wanda Wilhite v. Wyeth
(04-24034) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, and DECREED, pursuant to Rule 41(a)
of the Federal Rules of Civil Procedure, that the claims of the
Plaintiff, Wanda Wilhite, 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. | 8-15-2005 | 5559 | Re: Adriana Rodriguez (Anita Murray) v.
Wyeth (04-27252) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Anita Murray
hereby dismisses with prejudice this action as to all defendants,
Wyeth, Wyeth Pharmaceuticals, Inc., Wyeth Pharmaceuticals, Inc., a
Delaware Corporation, Wyeth, Inc., Wyeth, Inc., a Delaware
Corporation, Wyeth-Ayerst International, Inc., and Wyeth-Ayerst
International, Inc., a New York Corporation (collectively herein
"Wyeth"), with each party to bear its own costs and counsel fees.
This dismissal shall be with conditions in the Nationwide Class
Action Settlement Agreement and as agreed to in the Revoke Opt-Out
form executed by the plaintiff Anita Murray on February 28, 2004,
and agreed to by Wyeth on April 7, 2004. This Stipulation is filed on behalf of
plaintiff Anita Murray and defendant Wyeth, Wyeth Pharmaceuticals,
Inc., Wyeth, Inc., Wyeth-Ayerst International, Inc. who have
appeared in the above-captioned matter. | 8-15-2005 | 5560 | Re: Marcia Brown (Rose Amato) v. Wyeth
(04-27258) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Rose Amato
hereby dismisses with prejudice this action as to all defendants,
Wyeth, Wyeth Pharmaceuticals, Inc., Wyeth Pharmaceuticals, Inc., a
Delaware Corporation, Wyeth, Inc., Wyeth, Inc., a Delaware
Corporation, Wyeth-Ayerst International, Inc., and Wyeth-Ayerst
International, Inc., a New York Corporation (collectively herein
"Wyeth"), with each party to bear its own costs and counsel fees.
This dismissal shall be with conditions in the Nationwide Class
Action Settlement Agreement and as agreed to in the Revoke Opt-Out
form executed by the plaintiff Anita Murray on February 27, 2004,
and agreed to by Wyeth on April 7, 2004. This Stipulation is filed on behalf of
plaintiff Rose Amato and defendant Wyeth, Wyeth Pharmaceuticals,
Inc., Wyeth, Inc., Wyeth-Ayerst International, Inc. who have
appeared in the above-captioned matter. | 8-15-2005 | 5561 | Re: Susan Edghill (Joyce Gross) v. Wyeth
(05-20474) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Joyce
Gross hereby dismisses with prejudice this action as to all
defendants in the above-captioned mater, Wyeth, Wyeth
Pharmaceuticals, Inc., and Wyeth-Ayerst International, Inc.
(collectively herein "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. | 8-15-2005 | 5562 | Re: Maxine Christman v. Wyeth
(04-25217) Plaintiff Maxine Christman 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
Maxine Christman and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Maxine Christman’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. | 8-15-2005 | 5563 | Re: Rhonda Greer (Sally Esthay) v. Wyeth
(04-27261) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Sally Esthay
hereby dismisses with prejudice this action as to all defendants,
Wyeth, Wyeth Pharmaceuticals, Inc., and Wyeth-Ayerst International,
Inc. (collectively herein "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 Revoke Opt-Out Form executed by
plaintiff Sally Esthay on march 1, 2004 and agreed to by Wyeth on
April 7, 2004. This Stipulation is filed on behalf of
plaintiff Sally Esthay and defendants, Wyeth, Wyeth
Pharmaceuticals, Inc., Wyeth, Inc., Wyeth-Ayerst International,
Inc. who have appeared in the above-captioned matter. | 8-15-2005 | 5564 | Re: Cynthia and John Cherry v. Wyeth
(04-20758) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Cynthia and
John Cherry hereby dismiss with prejudice this action as to all
defendants, Wyeth, Lynn Honeycutt, Jr., Paula K. Howard, Kelly D.
Lindsey, John S. Stafford, M.D. and Walgreen Company, 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 on June 14, 2004,
and agreed to by Wyeth on July 2, 2004. This Stipulation is filed on behalf of
plaintiffs Cynthia and John Cherry and defendants Wyeth, Lynn
Honeycutt, Jr., Walgreen Company, who have appeared in the
above-captioned matter. | 8-15-2005 | 5565 | Re: Mary M. Stringer v. Wyeth
(04-22667) 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 Enforce on or before
August 12, 2005. This extension is for a period of less than
thirty (30) days. No prior extension has been requested or given in
this matter. | 8-15-2005 | 5566 | Re: Eristis Poindexter v. Wyeth
(04-25091) COMES NOW the Plaintiff, Eristis Poindexter,
and the Defendants, Wyeth and AHP Subsidiary Holding Corporation,
and stipulate to the dismissal of the claims of Eristis Poindexter
in the above-styled and numbered cause without prejudice. In the
event that Plaintiff, Eristis Poindexter, re-files any claim or
action arising out of the use of Pondimin or Redux, Plaintiff,
Eristis Poindexter, shall name no new defendants, nor assert new
claims, and Plaintiff Eristis Poindexter, may re-file this case
only in Federal Court. | 8-15-2005 | 5567 | Re: Carolyn Shead v. Wyeth
(04-25077) COMES NOW the Plaintiff, Carolyn Shead, and
the Defendants, Wyeth and AHP Subsidiary Holding Corporation, and
stipulate to the dismissal of the claims of Carolyn Shead in the
above-styled and numbered cause without prejudice. In the event
that Plaintiff, Carolyn Shead, re-files any claim or action arising
out of the use of Pondimin or Redux, Plaintiff, Carolyn Shead,
shall name no new defendants, nor assert new claims, and Plaintiff
Carolyn Shead, may re-file this case only in Federal
Court. | 8-15-2005 | 5568 | Re: William Spoerer v. Wyeth
(04-29392) AND NOW, this 15th day of August, 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 Defendant David Young Lee, 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. | 8-15-2005 | 5569 | Re: Danielle Fox (Andrea Hall) v. Wyeth
(04-2759) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff
Andrea Hall hereby dismisses with prejudice this action as to all
defendants, Wyeth, Wyeth Pharmaceuticals, Inc., and Wyeth-Ayerst
International, Inc. (collectively herein "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 Revoke Opt-Out
Form executed by the plaintiff Andrea Hall on February 28, 2004 and
agreed to by Wyeth on April 7, 2004. This Stipulation is filed on behalf of
Plaintiff Andrea Hall and Defendant Wyeth, Wyeth Pharmaceuticals,
Inc., and Wyeth-Ayerst International, Inc., who have appeared in
the above-captioned matter. | 8-15-2005 | 5570 | Re: Kathy Chamberlain (Connie Harrison) v.
Wyeth (04-27235) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff
Connie Harrison hereby dismisses with prejudice this action as to
all defendants, Wyeth, Wyeth Pharmaceuticals, Inc., and
Wyeth-Ayerst International, Inc. (collectively herein "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 Revoke Opt-Out Form executed by the plaintiff Connie Harrison
Hall on March 2, 2004 and agreed to by Wyeth on April 7,
2004. This Stipulation is filed on behalf of
Plaintiff Connie Harrison and Defendant Wyeth, Wyeth
Pharmaceuticals, Inc., and Wyeth-Ayerst International, Inc., who
have appeared in the above-captioned matter. | 8-15-2005 | 5571 | Re: Pam Venett (Vickie Chouinard) v. Wyeth
(04-27243) AND NOW, this 15th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), that plaintiff
Vickie Chouinard hereby dismisses with prejudice this action as to
all defendants, Wyeth, Wyeth Pharmaceuticals, Inc., and
Wyeth-Ayerst International, Inc. (collectively herein "Wyeth"),
with each party to bear its own costs and counsel fees. This
dismissal shall be with prejudice. Notwithstanding the foregoing,
this dismissal shall be subject to the terms and conditions in the
Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of
Plaintiff Vickie Chouinard and Defendant Wyeth, Wyeth
Pharmaceuticals, Inc., and Wyeth-Ayerst International, Inc., who
have appeared in the above-captioned matter. | 8-15-2005 | 5572 | Re: Kennith Baker v. Wyeth
(05-20722) AND NOW, this 15th day of August, 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 Defendant Thomas Parsa, M.D., only, with each party to bear
its own costs and counsel fees. Notwithstanding the foregoing, this
dismissal shall be subject to the temrs 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. | 8-15-2005 | 5573 | Re: All Actions FILED UNDER
SEAL AND NOW, August 15, 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 __________ to the PMC Fen-Phen Litigation
Account, by wire transfer. | 8-15-2005 | 5574 | Re: David Bruskin v. Wyeth
(04-26935) AND NOW, this 15th day of August, 2005, it
is hereby ORDERED that the motion of plaintiffs Estate of Alphonse
A. Kargol, Helen Miller, Katherine Nettle, and Vincent Pilato for
leave to file Severed and Amended Complaints is GRANTED as
unopposed upon payment of the $250.00 filing fee for each
complaint. | 8-16-2005 | 5575 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 16th day of August, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that the following motions are DENIED: 1. Claimant Elliot Palay’s Motion to Compel
the Trust to Produce the Audit Completed on or before January 27,
2004 (Doc. No. 1533) 2. Claimant Elliot Palay’s Motion to Compel
the trust to Correct the Date of the trust’s Receipt of Elliot
Palay’s Notice Disputing the Final Post-Audit Determination (Doc.
No. 1573) 3. Claimant Elliot Palay’s Motion to Compel
the Trust to Correct Material Misrepresentation of Fact Made to the
Court Contained in the Application of the AHP Settlement Trust for
Order to Show Cause (Doc. No. 1604) 4. Claimant Elliot Palay’s Motion to Compel
the Trust to Audit this Claim Under PTO No. 2662; to Compel the
Trust to Follow the Rules of Audit Under PTO No. 2807; to Declare
Claimant’s Age as 49 When Diagnosis of Reduced Left Ventricular
Ejection Fraction was First Made; and to Allow Claimant to Cash
Benefits Check Without Prejudice to Consent Matrix Placement (Doc.
No. 1193); and 5. Claimant Elliot Palay’s Motion for a stay
of PTO No. 5245, incorrectly denominated as an "opposition to PTO
No. 5245 ordering claimant to show cause why the Trust’s request
for relief should not be granted because claimant’s prior motions
on the same issues have not yet been decided by the Court" (Doc.
No. 1997). | 8-16-2005 | 5576 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 16th day of August, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. The motion of the AHP Settlement Trust
(the "Trust") requesting an extension of time for eligible
claimants to receive echocardiogram screening program benefits due
to a high volume of claims (Doc. No. 1114 as modified by Doc. No.
1211) is GRANTED; 2. The claimants listed in Exhibit A to this
order shall have 90 days in which to obtain a screening program
echocardiogram; 3. The motion of the AHP Settlement trust to
withdraw the motion for an extension of time to receive a screening
program echocardiogram due to a high volume of claims as to
claimant K.H. (DDR No. 327528) (Doc. No. 1228) is DENIED as moot;
and 4. The motion of the AHP Settlement Trust to
reinstate its support for claimant K.H. (DDR No. 327528) for an
extension of time to receive a screening program echocardiogram due
to a high volume of claims (Doc. No. 1278) is DENIED as
moot. | 8-16-2005 | 5577 | Re: Sheila Brown v. AHP (99-20593) Claimant:
Johanna Hall On August 8, 2005, Claimant Johanna Hall
("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 on her Claim for Matrix Compensation
Benefits. AND NOW, this 16th day of August, it is hereby ORDERED
that: 1. The Chair of the Arbitration Panel
("Chair") shall number the pages of the arbitration record
consecutively and, within ten (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 thirty (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 twenty (20) pages
in length. 3. Within twenty (20) days of service of
Claimant’s brief, the AHP Settlement Trust shall file and serve a
responsive brief. The AHP Settlement Trust’s responsive brief shall
not exceed twenty (20) pages in length. 4. Within eleven (11) days of service of the
AHP Settlement Trust’s responsive brief, Claimant may file and
serve a reply brief. Claimant’s reply brief, if any, shall not
exceed ten (10) pages in length. 5. All references to the arbitration record
in the parties’ briefs shall be to the pages of the record as
marked by the Chair. The Court will not consider evidence that is
not part of the arbitration record. | 8-16-2005 | 5578 | Re: William Flynn v. Wyeth
(04-23159) AND NOW, this 16th day of August, 2005, it
is hereby ORDERED that: 1. The motion of plaintiff to remand is
DENIED; and 2. The claims against all defendants except
Wyeth, Wyeth-Ayerst Laboratories, and A.H. Robins Company, Inc. are
DISMISSED. | 8-16-2005 | 5579 | Re: All Actions WHEREAS, Wyeth filed on July 18, 2005, its
Motion to Compel Dr. Ira Lieber’s Attendance for Deposition and for
Costs and Expenses ("Wyeth’s Motion to Compel"); WHEREAS, Wyeth, Dr. Lieber, and the law firm
of Fleming & Associates LLP have reached an agreement to
resolve Wyeth’s Motion to Compel; IT IS THEREFORE STIPULATED AND AGREED, AND
ORDERED BY THE COURT, AS FOLLOWS: 1. Dr. Ira Lieber shall appear for his MDL
generic deposition, noticed pursuant to Special Master Memorandum
No. 43, on August 17, 2005, at 8:00 a.m., at 2300 Green Oak Drive,
Suite 900, Kingwood, Texas 77339; 2. Without any admission that it is
responsible for such costs being incurred, Fleming & Associates
LLP shall promptly reimburse Wyeth in the amount of $339.25 for
costs sought by Wyeth’s Motion to Compel; 3. Upon approval and entry of this
stipulation and order, Wyeth’s Motion to Compel shall be deemed
moot. | 8-16-2005 | 5580 | Re: Linda Horton (03-20189), Avis Kearney
(03-20208), Sharon Vanderwerken (03-20211), Eugene Browning
(03-20212 & 04-28652), Lorraine Corkran (03-20214), Gladys
Naves (03-20215 & 04-28550), Leann Steers (03-20218 &
04-28602), Mary Long (03-20219), Lynn Bush (03-20219), Audrey
Milller (03-20491), Allen Nicola (03-20564), Blanche Weldon
(04-20167 & 04-22917), Agnes Ash (04-20277), Melba Gilbert
(04-22937), Marilyn McGhee (04-22959), Cynthia Burt (04-26810)
& Barnard Grier (05-20203) AND NOW TO WIT: this 16th day of August,
2005, it having been advised that all claims between all the
parties in cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 8-16-2005 | 5581 | Re: Parties listed on Exhibit A AND NOW TO WIT: this 16th day of August,
2005, it having been advised that all claims between all the
parties in cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 8-16-2005 | 5582 | Re: Parties listed on Exhibit A AND NOW TO WIT: this 16th day of August,
2005, it having been advised that all claims between all the
parties in cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all parties.
Notwithstanding the foregoing, this Order shall not affect any
rights to which the plaintiff may be entitled pursuant to the
Settlement Agreement. | 8-16-2005 | 5583 | Re: Janice and Ronald Bennett v. Wyeth
(03-20614) AND NOW TO WIT: This 16th day of August,
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 any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 8-16-2005 | 5584 | Re: Marsha D. Gorecki (04-20557), Donna
Lauth (04-26658), Brigitte M. Love (04-21923), Shelby Southerland
(04-25820), Shelly Tunis (04-26656), Susan Wellman (04-26660),
Florance Younan (05-20234) & Lori Schwaab (04-29786) v.
Wyeth AND NOW TO WIT: this 16th day of August,
2005, it having been advised that all claims between the parties in
the cases listed on Exhibits A and B have been settled, and upon
Order of the Court, it is hereby: ORDERED that, pursuant to agreement of
counsel, the actions listed on Exhibit A and B, including any and
all claims, counterclaims, cross-claims and third party claims
therein are DISMISSED with prejudice and without costs as to all
parties. | 8-16-2005 | 5585 | Re: All cases listed on Exhibit
A AND NOW TO WIT: This 16th day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 8-16-2005 | 5586 | Re: Mary Palumbo (04-22907), Gloria Baker
(04-23151), Phyllis Miele-Wilson (04-21924). Rebecca Sanderson
(04-21904) & June Wells (04-22912) v. Wyeth AND NOW TO WIT: This 16th day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 8-16-2005 | 5587 | Re: Betty Taylor (03-20307) & Leslie
Parks (03-20620) v. Wyeth AND NOW TO WIT: This 16th day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 8-16-2005 | 5588 | Re: Geraldine Baluch (04-20766) v.
Wyeth AND NOW TO WIT: This 16th day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 8-16-2005 | 5589 | Re: Joanne Bourgeois v. Wyeth
(04-20142) AND NOW TO WIT: This 16th day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 8-16-2005 | 5590 | Re: Sheila Brown v. AHP
(99-20593) WHEREAS, Pretrial Order No. 3882 directs
that Class Counsel and Wyeth determine if High Level Claims within
the scope of the Parallel Processing Procedures are sufficiently
complete with the meaning of the Settlement Agreement to permit
making a determination of eligibility for Matrix Compensation
benefits as a 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, during the preceding month, Wyeth
designated the claims set forth on Schedule 1 hereto as Payable at
the benefit levels and amounts set forth therein. NOW, THEREFORE, this 16th day of August,
2005, upon consideration of the Sixth Motion of the AHP Settlement
Trust to Pay Claims Designated as Payable by Wyeth Pursuant to
Pretrial Order No. 3882 (the "Motion"), 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
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. | 8-16-2005 | 5591 | Re: Sheila Brown v. AHP
(99-20593) WHEREAS, Pretrial Order No. 3882 directs
that Class Counsel and Wyeth determine if High Level Claims within
the scope of the Parallel Processing Procedures are sufficiently
complete with the meaning of the Settlement Agreement to permit
making a determination of eligibility for Matrix Compensation
benefits as a 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, during the preceding month, Wyeth
designated the claims set forth on Schedule 1 hereto as Payable at
the benefit levels and amounts set forth therein. NOW, THEREFORE, this 16th day of August,
2005, upon consideration of the Seventh Motion of the AHP
Settlement Trust to Pay Claims Designated as Payable by Wyeth
Pursuant to Pretrial Order No. 3882 (the "Motion"), 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 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. | 8-17-2005 | 5592 | Re: Larry M. Russell v. Wyeth
(04-20095) On this day came on to be heard Plaintiff
Gary L. Yocum’s Unopposed Motion for Leave to File a Severed and
Amended Complaint, and the Court, having considered same, is of the
opinion that said motion is good and should be granted. It is,
therefore, ORDERED, ADJUDGED and DECREED that Plaintiff
Gary L. Yocum’s Unopposed Motion for Leave to File a Severed and
Amended Complaint is hereby GRANTED and his Severed and Amended
Complaint is filed. | 8-17-2005 | 5593 | RE: Frances Lanagan (04-21571), Maria T.
Sanchez (04-26877), Linda B. Townsend (04-21635), Sylvia Wilkerson
(04-26875), William Willis (04-21618) & William Zolner
(04-29839) v. Wyeth AND NOW, this 17th day of August, 2005 it is
hereby ORDERED that: 1. The motions of plaintiffs to remand in
the six above-captioned action are DENIED; and 2. All defendants in the above-captioned
actions except Wyeth, Wyeth Pharmaceuticals, and A.H. Robins
Company, Inc. are DISMISSED. | 8-18-2005 | 5594 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 18th day of August, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. Trustees Joseph L. Castle II, George
Beller, Richard S. Cohen, Christopher Harris, Alison Overseth, Rose
Marie Robertson, and Dean M. Trafelet, are hereby forever
discharged and released from any and all liabilities which may have
arisen in connection with their service as Trustees of the AHP
Settlement Trust through December 31, 2004, including activities
undertaken in anticipation of the formation of the trust for
purposes of carrying out the activities thereof; 2. Trustees Castle, Beller, Cohen, Harris,
Overseth, Robertson and Trafelet shall have no further liability to
any person(s) in connection with their service as Trustees up to
and including December 31, 2004, including activities undertaken in
anticipation of the formation of the Trust for purposes of carrying
out the activities thereof, and this order precludes, at any time
hereafter, any action , suit or demand on the part of any person
against these Trustees in connection with such Trustee’s service up
through and including December 31, 2004; and 3. Robert A. Mitchell, Jr. , Joseph Foley,
Jules S. Henshell, James Hughes, Denise Kankowski, C. Patton
Tidmore, Anthony Scoma, and Kenneth Woodring shall have no further
liability to any person(s) in connection with their service,
respectively, as the Executive Director and Officers of the AHP
Settlement Trust up to and including December 31, 2004, and this
order precludes, at any time up to and including December 31, 2004,
and this Order precludes, at any time hereafter, andy action, suit
or demand on the part of any person against said executive director
and/or officer(s) in connection with such service up through and
including December 31, 2004. | 8-18-2005 | 5595 | Re: Rae K. Nelson v. Wyeth
(04-25721) AND NOW, this 18th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to "enforce
the settlement agreement and Pretrial Order No. 1415 against class
member Rae K. Nelson" (Doc. No. 4) is GRANTED; and 2. Plaintiff’s action is dismissed with
prejudice; and 3. The clerk of the court is directed to
mark this case closed. | 8-18-2005 | 5596 | Re: Kim M. Oldenburg v. Wyeth
(04-23074) AND NOW, this 18th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to "enforce
the settlement agreement and Pretrial Order No. 1415 against class
member Kim Oldenburg" (Doc. No. 4) is GRANTED; and 2. Plaintiff’s action is dismissed with
prejudice; and 3. The clerk of the court is directed to
mark this case closed. | 8-18-2005 | 5597 | Re: Emilio Valenti v. Wyeth
(03-20741) AND NOW, this 18th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to "enforce
the settlement agreement and Pretrial Order No. 1415 against class
member Emiloi Valenti" (Doc. No. 7) is GRANTED; and 2. Plaintiff’s action is dismissed with
prejudice; and 3. The clerk of the court is directed to
mark this case closed. | 8-18-2005 | 5598 | Re: Kathy D. Mann v. Wyeth
(04-23253) AND NOW, this 18th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to "enforce
the settlement agreement and Pretrial Order No. 1415 against class
member Kathy D. Mann" (Doc. No. 4) is GRANTED; and 2. Plaintiff’s action is dismissed with
prejudice; and 3. The clerk of the court is directed to
mark this case closed. | 8-18-2005 | 5599 | Re: Dee Shaw v. Wyeth
(04-25815) AND NOW, this 18th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to "enforce
the settlement agreement and Pretrial Order No. 1415 against class
member Dee Shaw" (Doc. No. 4) is GRANTED; and 2. Plaintiff’s action is dismissed with
prejudice; and 3. The clerk of the court is directed to
mark this case closed. | 8-18-2005 | 5600 | Re: Frank T. Riselvato v. Wyeth
(04-25791) AND NOW, this 18th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to "enforce
the settlement agreement and Pretrial Order No. 1415 against class
member Frank T. Riselvato" (Doc. No. 4) is GRANTED;
and 2. Plaintiff’s action is dismissed with
prejudice; and 3. The clerk of the court is directed to
mark this case closed. | 8-18-2005 | 5601 | Re: Carol J. Garcia v. Wyeth
(04-25639) AND NOW, this 18th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed motion of Wyeth to "enforce
the settlement agreement and Pretrial Order No. 1415 against class
member Carol J. Garcia" (Doc. No. 4) is GRANTED; and 2. Plaintiff’s action is dismissed with
prejudice; and 3. The clerk of the court is directed to
mark this case closed. | 8-19-2005 | 5602 | Re: Catherine M. Noonan (04-29554) & Joe
Plentie (04-29552) v. Wyeth AND NOW, this 19th day of August, 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 motion of Wyeth to dismiss these
actions for lack of personal jurisdiction is GRANTED. | 8-19-2005 | 5603 | Re: Mary M. Stringer v. Wyeth
(04-22667) 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 Enforce on or before
August 29, 2005. No further extension will be given. | 8-19-2005 | 5604 | Re: Susan Achorn (04-23800), Lillian
Apicella (04-28400), Joan Archer (04-23798), John Armes (04-28332),
Jack Armstrong (04-29446), Tanya Atkinson (04-28358), Larry Bagdan
(04-28427), Carrie Basile (04-28427), Kit Baston (04-28366), Doris
Bateson (04-28385), Diane Bennett (04-21927), Marjorie Benson
(04-28379), Helen Bieglecki (04-26851), Marie Bigos (04-21926),
Suzanne Biltz (05-25417), Faith Birnberg (04-28328), Garnet Boomer
(04-28422), Angela Boylan (04-28409), Beverly Bragg (04-28439),
Janine Brown (04-28433), Michael Cannon (04-28357), Judith Capille
(04-28360), Dorothea Casaletto (04-28435), Maryanne Christian
(04-26849), Carlie Clay (04-29449), Mary Collins (04-28386), Marie
Conroy (04-28378), Jennifer Coticchio (04-28413), Kathryn Daniels
(04-23790), Sherry Dennis (04-26850), Sarah Detelus (04-23799),
David Dinsbier (04-28424), Edith Dominguez (04-28327), Joan Duval
(04-28352), John Eldridge (04-28404), Maggielene Ellis (04-28371),
Faith Epps (04-28392), Catherine Ermann (04-28345), Pam Fig
(04-28341), Ruth Flanders (04-28361), Alice Gajewski (04-28380),
Frances Garver (04-23796), Sandra Gibbs (04-28335), Barbara
Goodlette (04-23789), Beverly Griffin (04-28354), Deborah Hair
(04-28396), June Hansen (04-28370), Althia Harper (04-28404),
Patricia Heard (04-28364), Rosario Hernandez (04-21928), Theresa
Herring (04-23794), Charlette Hindman (04-28437), Iris Hogan
(04-28407), Elaine Holmes (04-28415), Claire Homsi (04-28423),
Freda Hunt (04-28329), Tracey Jenkins (04-28430), Darlene Johnson
(04-28340), Barbara Kasser (04-28431), Maria Kavouklis (04-28425),
Rebecca Keysor (04-21930), Ann Kiser (04-28397), Diane Knight
(04-28350), Doris Knight (04-23788), Matilda Kuert (04-28411),
Angeliki Kyriakopoulos (04-28355), Jacqueline Lancaster (04-28355),
Kathy Lemmons (04-28337), Carla Lockwood (04-28362), Carol
Mannering (04-28353), Joyce Mansell (04-28325), Bonni Margoles
(04-23786), Starr McCleary (04-28348), Kathy Mclaughlin (04-28347),
Vanessa McNish (04-28388), Catherine Mignault (04-28418), Ann
Montgomery (04-28416), Brenda Moore (04-28383), Doris Moore
(04-21929), Diana Morgan (04-26657), Gene Morgan (04-28401), Mary
Mac Moritz (04-28337), Margaret Mougey (04-28406), Margaret Moussa
(04-28382), Fay Nicholson (04-23791), Kimberly Nichols-Stine
(04-28434), Susan Ouellette (04-28419), Caroline Pauly (04-23797),
Katalin Pecora (04-28399), Betty Penoyer (04-28368), Becky Pent
(04-23795), Susan Perez (04-23792), Dianne Peters (04-28351),
Marica Peterson (04-28390), Cynthia Phillips (04-28373), Jalaine
Poirier (04-28374), Paula Prudente (04-28367), Marianne Ranier
(04-28440), Regina Rich (04-28334), Christy Richards (04-28333),
Marilyn Richardson (04-28393), Alberta Ricketts (04-28326), Nilda
Rios (04-28375), Dawn Ripley (04-28389), Bonnie Ritchie (04-28389),
Karen Rossen (04-28372), Camellia Salerno (04-28384), Georgia
Sasser (04-28344), Ann sasso (04-28402), Mary Scandrett-Perry
(04-28343), Michael Screeton (04-28346), Martha Shackleton
(04-21925), Louis Sinatra (04-28381), Janet Sissler (04-28342),
Cynthia Smith (04-28429), Sandra Smith-Hause (04-28417), Bernet
Spanolios (04-28398), Lisa Stalheber (05-20241), Dora Stewart
(04-28376), Doreen Stone (04-28359), Robert Stuart (04-28338), Leon
Szczesny (04-28405), Judy Templeton (04-28403), Betty Lou Tompkins
(04-28356), Amy Toth (04-23793), Helen Toth (04-23801), Alice
Tubesing (04-28420), Brenda Waldron (04-28331), Francis "Gene"
Wallace (04-28426), Jeanne Weeks (04-28394), Monica Wellmaker
(04-28428), Connie Whitmire (04-28412), Marcella Wilson (04-28438),
Tina Wilson (04-28432), Marcia Young-Smith (04-28410) & Leslie
Ziegler (04-28395) AND NOW TO WIT: This 19th day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 8-22-2005 | 5605 | Re: Mary Jackson (04-29487) & Regina
Mathis (04-29473) v. Wyeth AND NOW, this 22nd day of August, 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 motion of Wyeth to dismiss for lack
of personal jurisdiction is GRANTED. | 8-22-2005 | 5606 | Re: Renee Carter (05-20504), Dana Martin
(05-20471), Loretta Ortiz (05-20478) & Kathlyn Schatz
(05-20470) v. Wyeth AND NOW, this 22nd day of August, 2005, it
is hereby ORDERED that: 1. The motion of plaintiffs to remand in the
four above-captioned actions are DENIED; and 2. All defendants in the above-captioned
actions except Wyeth are DISMISSED. | 8-23-2005 | 5607 | Re: Sheila Brown v. AHP (99-20593) claimant:
Estate of Shirley O. Lane ORDER APPROVING PAYMENT OF ATTORNEY’S FEES
AND COSTS THIS DAY came Gregory L. Shandler, Esq., of
Epstein, Sandler & Flora, P.C., counsel for the Estate of
Shirley O. Lane, Claimant, under claim no. 18300-2625259, upon his
petition seeking approval of attorney’s fees and reimbursement of
costs, and it appearing to this Court that: 1. The Claimant died on September 8,
2002. 2. Linwood S. Lane, Jr., claimant’s husband,
qualified as Administrator of the Estate of the Decedent on October
21, 2002. 3. The Descendant was a claimant in the
pending action, identified with the AHP Settlement Trust as Claim
No. 18300-2625259, and that both representative and derivative
claims have been made. 4. The Petitioner was notified by the AHP
Settlement Trust, on April 6, 2005, that the claims based upon the
death of the Decedent had been approved, and would be payable
according to the terms of the Orders of the United States District
Court for the Eastern District of Pennsylvania and AHP Settlement
Trust procedures, in the gross amount of $627,474.00 for the
representative claim of the Administrator and in the gross amount
of $6,338.00 for the derivative claim to the surviving spouse (See
attached exhibit A). 6. The terms of the AHP Settlement trust,
allowed for the payment of attorney’s fees (in the aggregate) of 33
1/3% of the gross settlement, which represents the agreed
contingency fee between the Descendent and the undersigned counsel,
from which Class Counsel attorney’s fees will be deducted, as well
as reimbursement for any outstanding costs. 7. The Petition has obtained an Order from
the Norfolk Circuit Court, as required under the statues of the
jurisdiction of the claimant’s residence, approving the settlement
and compromise of the representative and derivative claims, and
approving the reasonableness of the attorney’s fees claims in each
claim, and approving their payment, subject to further Order of
this Court. 8. No person has filed any objection to the
Petition, and the Claimant has specifically evidenced his agreement
to the relief requested through his signature on the Petition, it
is hereby ORDERED, ADJUDGED and DECREED that the
Petition for Approval of Attorney’s Fees and Costs, filed by
Gregory L. Sandler, Esq., of Epstein, Sandler, & Flora, P.C.,
be and is hereby GRANTED, and that pursuant thereto, the AHP
Settlement trust is approved to make and the Petitioner is approved
to receive, the following disbursements: A. Aggregate Attorney’s fees for the
Representative Claim are to be paid in the amount of $209,155.91,
to be allocated as follows: i. Gregory L. Sandler, Esq. of Epstein,
Sandler & Flora, P.C. shall receive $152,683.25. ii. $56,472.66 shall be paid to the Class
Counsel Members, generally. B. Total Costs to be reimbursed shall be
paid in the amount of $1,174.90, to Gregory L. Sandler of Epstein,
Sandler & Flora, P.C.. C. Aggregate Attorney’s fees for the
Derivative Claim are to be paid in the maoun of $2,112.65, to be
allocated as follows: i. Gregory L. Sandler, Esq. of Epstein,
Sandler & Flora, P.C. shall receive $1,542.23. ii. $570.42 shall be paid to the Class
Counsel Members, generally. | 8-22-2005 | 5608 | Re: Sheila Brown v. AHP
(99-20593) WHEREAS, Pretrial Order 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 High Level Claims; WHEREAS, Pretrial Order 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 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 Schedule 1 hereto as Payable at
the benefit levels and amounts set forth therein. NOW, THEREFORE, this 22nd day of August,
2005, upon consideration of the Eighth Motion of the AHP Settlement
Trust to Pay Claims Designated as Payable by Wyeth Pursuant to
Pretrial Order 3882 (the "Motion"), and any response thereto, it is
hereby ORDERED AND DECREED that the Motion is GRANTED. The Trust
shall pay those claims designated Payable as Wyeth on Schedule
1attached 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. | 8-23-2005 | 5609 | Re: Sheila M. Stokes v. Wyeth
(05-20610) AND NOW, this 23rd day of August, 2005, it
is hereby ORDERED that: 1. Plaintiff’s motion to remand in the
above-captioned action is DENIED; and 2. Claims against all defendants except
Wyeth are DISMISSED. | 8-23-2005 | 5610 | Re: All Actions - FILED UNDER
SEAL AND NOW, August 23, 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 One Hundred and Two Thousand Six Hundred
Sixty-One Dollars and Twenty-Seven Cents ($102,661.27) to the PMC
Fen-Phen Litigation Account by wire transfer. | 8-23-2005 | 5611 | Re: Thais Y. Blanco (04-29852) & Jimmie
E. Duke (04-29837) v. Wyeth AND NOW, this 23rd day of August, 2005, it
is hereby ORDERED that: 1. The motions of plaintiffs to remand in
the two above-captioned actions are DENIED; and 2. All defendants in the above-captioned
action s except Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Wyeth
Pharmaceuticals, and Wyeth-Ayerst International, Inc. are
DISMISSED. | 8-24-2005 | 5612 | Re: Helen Mitchell v. Wyeth
(05-20245) AND NOW, this 24th day of August, 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 Karen Smith, Glenda Bush, Virginia Allen,
Pamela Oliver and William L. Smith. See PTO No. 5066. | 8-24-2005 | 5613 | Re: Barbara S. Taylor v. Wyeth
(04-22952) AND NOW, this 24th day of August, 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 Phyllis L. Myers (a/k/a Phyllis L. Szymanski).
See PTO No. 4991. | 8-24-2005 | 5614 | Re: Dorothy Sue Davis v. Wyeth
(04-26832) AND NOW, this 24th day of August, 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 Janice Matthews. See PTO No. 4990. | 8-24-2005 | 5615 | Re: Lillie M. Deckelman v. Wyeth
(04-29463) AND NOW, this 24th day of August, 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 Lillie M. Deckelman, Bettyann Hawk (Estate of)
and Fabrienne A. Holloway. See PTO No. 4987. | 8-24-2005 | 5616 | Re: Sheila A. Morales (Estate of) v. Wyeth
(04-24044) AND NOW, this 24th day of August, 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: Sheila A. Morales (Estate of), Mary G. Allen,
Shirley B. Austin, Talitha B. Bush, Pamela B. Cheves, Linda L.
Finley, Selema R. Grant, Jackie Green, Tracy Hoenshell, Tami L.
Holloway, Merry J. Hopkins, Freda M. Lee, Claudia M. Maoloney,
Gloria L. Manesiotis, Sharon McNish, Caorlyn G. Mireles, Elfreida
Montgomery, Vivian O’Sullivan, Melissa Pierce, Karen L. Spurgin,
Pattie S. Spurlin, and Vivian K. Tinder. See PTO No.
4852. | 8-24-2005 | 5617 | Re: Dolores Baccus v. Wyeth
(05-20475) AND NOW, this 24th day of August, 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 Peter Green and Annie L. McDonald. See PTO No.
5062. | 8-24-2005 | 5618 | Re: Carlynn R. Priestley v. Wyeth
(04-20992) AND NOW, this 24th day of August, 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 Faye Reynolds. See PTO No. 5060. | 8-24-2005 | 5619 | Re: Brigitte A. Garnett v. AHP
(04-26944) AND NOW, this 24th day of August, 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 Rodgers. See PTO No. 4849. | 8-24-2005 | 5620 | Re: Courtney Allen v. Wyeth
(04-29586) AND NOW, this 24th day of August, 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 Courtney Allen, Susan Binney, Mary Burke and
Cynthia Reese. See PTO No. 4823. | 8-24-2005 | 5621 | Re: Delois Gore v. AHP
(03-20623) AND NOW, this 24th day of August, 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 Delois Gore. See PTO No. 4919. | 8-24-2005 | 5622 | Re: Janice Glasgow v. Wyeth
(04-26207) AND NOW, this 24th day of August, 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 Janice Glasgow and Mary Leathers See PTO No.
4951. | 8-24-2005 | 5623 | Re: Frances Monteith v. Wyeth
(04-26862) AND NOW, this 24th day of August, 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 Frances Monteith, Janet Andry and Willer
Lindsey. See PTO No. 4880. | 8-24-2005 | 5624 | Re: John Cook v. Wyeth
(04-27218) AND NOW, this 24th day of August, 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 Cook, Nancy Griffith, Deborah Blackburn
and Donna Pinkerman. See PTO No. 4878. | 8-24-2005 | 5625 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 24th day of August, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. The joint motion of class counsel and
Wyeth for the entry of an order adopting a court-approved procedure
with regard to the "pre-stay payable PADL claim" (Doc. #1609) is
DENIED; 2. The Trust shall promptly review the
entire claim filed for each pre-stay payable PADL claims and issue
new post-audit determinations and final post-audit determinations
in accordance with the rules for the audit of matrix compensation
claims ("Audit Rules"), which were established in Pretrial Order
No. 2807; and 3. Any claimant may contest a post-audit
determination and may challenge any final post-audit determination
through the show cause process pursuant to the Audit
Rules. | 8-24-2005 | 5626 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 24th day of August, 2005, it
is hereby ORDERED that the motion of Wyeth for leave to file a
supplemental memorandum in opposition to Kallie Wodash’s motion for
enforcement of opt-out rights (doc. no. 206147) is
GRANTED. | 8-25-2005 | 5627 | Re: Linda S. Ross v. Wyeth
(03-20651) AND NOW, this 25th day of August, 2005, it
is hereby ORDERED that: 1. Plaintiff’s motion to remand in the
above-captioned action is DENIED; and 2. The claims against all defendants except
Wyeth are DISMISSED. | 8-25-2005 | 5628 | Re: Gwendolyn S. Gonyer v. Wyeth
(04-29849) AND NOW, this 25th day of August, 2005, it
is hereby ORDERED that: 1. Plaintiff’s motion to remand in the
above-captioned action is DENIED; and 2. All claims against defendant Jennis
Tucker, M.D. are DISMISSED. | 8-25-2005 | 5629 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 25th day of August, 2005, it
is hereby ORDERED that the motion of Marilyn Angood to file
substituted Seventh Amendment Opt-Out form (Doc. No. 1467) is
GRANTED as unopposed. | 8-25-2005 | 5630 | Re: Sheila Brown v. AHP (Patty Long v. AHP )
(03-20087) AND NOW, this 25th day of August, 2005, it
is hereby ORDERED that the motion of Wyeth to vacate in part
suggestion of remand order no. 20 is DENIED. | 8-25-2005 | 5631 | Re: Karen D. Walker v. Wyeth
(05-22010) AND NOW, this 25th day of August, 2005, it
is hereby ORDERED that: 1. Plaintiff’s motion to remand in the
above-captioned action is DENIED; and 2. The claims against all defendants except
Wyeth are DISMISSED. | 8-25-2005 | 5632 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 26th day of August, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. The motion of the AHP Settlement Trust
("Trust") for permission to conduct new audits (Doc. # 2091) is
GRANTED; 2. The Trust shall promptly give notice to
each class member listed on Exhibit A that it will re-audit the
class member’s claim unless the class member notifies the Trust of
his or her election not to undergo re-audit. Any such election by a
class member must be made in writing within thirty days after
notice is sent by the Trust. The election must be signed and dated
by the class member, or in the case of a deceased class member, by
his or her personal representative; 3. Within sixty days after receipt of a
claimant’s election not to have a re-audit, the Trust shall issue a
post-Audit Determination Letter, and, after any contest, a Final
Post-Audit Determination Letter; 4. Any claimant may contest a Post-Audit
Determination and may challenge any final Post-Audit Determination
through the show cause process pursuant to the Rules for the Audit
of Matrix Compensation Claims ("Audit Rules"), which were
established in Pretrial Order NO. 2807; 5. The Trust shall promptly conduct new
audits pursuant to the Audit Rules for each of the PAD claims
listed on the attached Exhibit A unless a claimant elects not to
have a re-audit; 6. The motions of claimants represented by
Brent Gordon, Esquire, Morris & McAnnally, LLC, and K. Stephen
Jackson, P.C. to enforce the Settlement Agreement and to compel
payment of benefits (Docs. #2114, #2134) are DENIED;
and 7. The motion of claimant Sherial Wiser,
Larry Rocher and Linda Baitz for leave to file a "surreply to the
Trust’s Reply memorandum in further support of its motion for
permission to conduct new audits" (Doc. #2125) is
GRANTED. | 8-26-2005 | 5633 | Re: Tami J. Abernathy v. Wyeth
(04-27092) AND NOW, this 26th day of August, 2005, it
is hereby ORDERED that the following claims are dismissed with
prejudice for failure to have filed a severed and amended complaint
within sixty (60) days of severance pursuant to PTO No. 3770: all
claims of Nellie Faye Brewster and Carrie Henderson. See PTO No.
5299. | 8-26-2005 | 5634 | Re: Lynn L. Crane v. Wyeth
(04-26818) AND NOW, this 26th day of August, 2005, it
is hereby ORDERED that the following claims are dismissed with
prejudice for failure to have filed a severed and amended complaint
within sixty (60) days of severance pursuant to PTO No. 3770: all
claims of Lisa Yvette Lucas. See PTO No. 5296. | 5-26-2005 | 5635 | Re: Caroll Baldridge v. Wyeth
(04-26727) AND NOW, this 26th day of August, 2005, it
is hereby ORDERED that the following claims are dismissed with
prejudice for failure to have filed a severed and amended complaint
within sixty (60) days of severance pursuant to PTO No. 3770: all
claims of Caroll Baldridge and Ana Dagostino. See PTO No.
5295. | 8-26-2005 | 5636 | Re: Mary S. Clayton v. Wyeth
(04-27093) AND NOW, this 26th day of August, 2005, it
is hereby ORDERED that the following claims are dismissed with
prejudice for failure to have filed a severed and amended complaint
within sixty (60) days of severance pursuant to PTO No. 3770: all
claims of Mary S. Clayton. See PTO No. 5291. | 8-26-2005 | 5637 | Re: Eula Artison (05-25209), Judy Easley
(05-24123), Genevieve Kosten (05-04122) & Constance Farmer
(05-04121) v. Wyeth AND NOW, this 26th day of August, 2005, it
is hereby ORDERED that plaintiffs shall have until September 9,
2005 to respond to the motion of Wyeth "for an injunction as to
class members’ collateral suits against Wyeth and Trustees of the
AHP Settlement Trust." | 8-26-2005 | 5638 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 26th day fo August, 2005, upon
consideration of the petition of Barry W. Vermeeren for approval of
payment of attorneys’ fees and costs for securing the claim of
claimant Toni M. Caudill, now deceased (Doc. No. 2007), IT IS
HEREBY ORDERED that the AHP Settlement Trust disburse to Barry W.
Vermeeren the sums of $104,552.06 in attorneys’ fees. | 8-26-2005 | 5639 | Re: Mary Kathryn Dwyer v. Wyeth
(03-20357) AND NOW, this 26th day of August, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. The motion of Wyeth to dismiss the
settled claims of class member Mary Kathryn Dwyer (Doc. #3) is
GRANTED; 2. All claims of class member Mary Kathryn
Dwyer are DISMISSED with prejudice; and 3. The clerk of the court is directed to
mark this case closed. | 8-26-2005 | 5640 | Re: Harriet Shoemaker v. Wyeth
(04-21377) AND NOW, this 26th day of August, 2005, it
is hereby ORDERED that: 1. Plaintiff’s motion to remand in the
above-captioned action is DENIED; and 2. The claims against all defendants except
Wyeth, Wyeth-Ayerst Laboratories, and A.H. Robins Company, Inc. are
DISMISSED. | 8-26-2005 | 5641 | Re: Sheila Brown v. AHP (99-20593) Doris
Hamm (03-20582), Ruth Higginbottom (03-20142), Thomas Jarrell
(03-20144) & Cynthia Kanode (03-20145) v. Wyeth AND NOW, this 26th day of August, 2005, it
is hereby ORDERED that: 1. The unopposed Report and Recommendation
No. 23 of the Special Discovery Master (as to Wyeth’s motions dated
July 8, 2004 and July 21, 2004 to compel the production of
plaintiffs’ original, handwritten fact sheets is
AFFIRMED; 2. The motion of Wyeth in Hamm v. Wyeth, et
al. CIV.A. No. 03-20582 (E.D. Pa.) To compel the production of
plaintiff’s original handwritten fact sheet is DENIED;
and 3. The motion of Wyeth in Higginbottom,
Jarrell & Kanode to compel the production of plaintiff’s
original handwritten fact sheet is DENIED. | 8-26-2005 | 5642 | Re: Brenna Hayes v. Wyeth
(04-21129) AND NOW, this 26th day of August, 2005, it
is hereby ORDERED that: 1. Plaintiff’s motion to remand in the
above-captioned action is DENIED; and 2. All claims against defendant Dr. Oandasan
are DISMISSED. | 8-29-2005 | 5643 | Re: Selina Reyna v. Wyeth
(05-20448) AND NOW, this 29th day of August, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that the motion of plaintiff Selina Reyna to remand her
case to the 105th Judicial District Court of Nueces County, Texas
is GRANTED. | 8-29-2005 | 5644 | Re: Sheila Brown v. AHP
(99-20593) It is hereby STIPULATED and AGREED by and
between plaintiffs named in the Special master’s Report and
Recommendation No. 30, represented by Fleming & Associates,
L.L.P., and Defendant Wyeth, through their respective undersigned
counsel, that Wyeth shall have an extension of time up to and
including September 8, 2005 tp respond to Fleming & Associates’
Objections to and Appeal from the Special Master’s Report and
Recommendation No. 30. This extension is for a period of less than
30 days. No prior extension has been requested or given in this
matter. | 8-29-2005 | 5645 | Re: Sheila Brown v. AHP
(99-20593) It is hereby STIPULATED and AGREED by and
between Plaintiffs represented by Fleming & Associates, L.L.P.,
and Defendant Wyeth, through their respective undersigned counsel,
that Wyeth shall have an extension of time up to and including
September 8, 2005 to respond to plaintiffs’ objection to report and
recommendation no. 31 of the Special Master. This extension is for a period of less than
30 days. No prior extension has been requested or ginve in this
matter. | 8-29-2005 | 5646 | Re: Kim M. Oldenburg v. Wyeth
(04-23074) Plaintiff Kim M. Oldenburg 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 Kim
M. Oldenburg and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Kim M. Oldenburg’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. | 8-29-2005 | 5647 | Re: Faunice Stone v. Wyeth
(03-20266) AND NOW, this 8th day of August, 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 bear its own costs and
counsel fees. This Stipulation is filed on behalf of
Plaintiff and Defendants Wyeth and Wyeth Pharmaceuticals,
Inc. | 8-29-2005 | 5648 | Re: Donna G. York v. Wyeth
(04-23090) Plaintiff Donna G. York 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)9ii) of the Federal Rules of Civil Procedure, Plaintiff
Donna G. York and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Donna G. York’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. | 8-29-2005 | 5649 | Re: Gladys and Willard Bell v. Wyeth
(04-28591) AND NOW, this 29th day of August, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED that, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(ii), the parties having
reached a settlement in this matter, 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 Defendants Wyeth and Wyeth
Pharmaceuticals. | 8-29-2005 | 5650 | Re: Judy W. Murray v. Wyeth
(04-25738) Plaintiff Judy W. Murray advises the Court
that she wishes to dismiss her claims and causes of actions to
Defendant Wyeth in this case, with prejudice. Pursuant to Rule
41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff
Judy W. Murray and defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Judy W. Murray’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. | 8-29-2005 | 5651 | Re: Ashley Dighero v. Wyeth
(04-21890) THIS MATTER (DISMISSAL) comes before the
Court on the stipulated joint motion of Plaintiff Ashley Dighero,
through her parents, and the Defendants to dismiss the claims of
plaintiff Ashley Dighero without prejudice as against
Defendants. AND NOW, this 29th day of August, 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. | 8-29-2005 | 5652 | Re: Elizabeth Green v. Wyeth
(05-20974) Plaintiff Elizabeth Green advises the Court
that she wishes to dismiss her claims and causes of actions to
Defendant Joseph M. O’Dwyer, M.D., in this case, with prejudice.
Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil
Procedure, Plaintiff Elizabeth Green and defendant Joseph M.
O’Dwyer, M.D. stipulate to the dismissal with prejudice of
Plaintiff Elizabeth Green’s claims as to defendant Joseph M.
O’Dwyer. 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. | 8-29-2005 | 5653 | Re: James L. Allen v. Wyeth
(04-25325) Plaintiff James L. Allen 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
James Allen and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff James L. Allen’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. | 8-29-2005 | 5654 | Re: Eva I. Boretti v. Wyeth
(04-24064) Plaintiff Eva I. Boretti 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 Eva
I. Boretti and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Eva I. Boretti’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. | 8-29-2005 | 5655 | Re: Beth S. Gunnell v. Wyeth
(04-25574) Plaintiff Beth S. Gunnell 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
Beth S. Gunnell and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Beth Gunnell’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. | 8-29-2005 | 5656 | Re: Mary Lou Nielson v. Wyeth
(04-24179) Plaintiff Mary Lou Nielson 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 Lou Nielson and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Mary Lou Nielson’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. | 8-29-2005 | 5657 | Re: Elma J. Coker v. Wyeth
(04-22638) Plaintiff Elma J. Coker 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
Elma J. Coker and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Elma J. Coker’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. | 8-29-2005 | 5658 | Re: Patricia L. Gardner v. Wyeth
(04-24359) Plaintiff Patricia L. Gardner 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
Patricia L. Gardner and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Patricia L. Gardner’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. | 8-29-2005 | 5659 | Re: Bryce J. Burns v. Wyeth
(04-24082) Plaintiff Bryce J. Burns 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
Bryce Burns and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Bryce Burns’ 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. | 8-29-2005 | 5660 | Re: Roger L. Nicks v. Wyeth
(04-26156) AND NOW, this 29th day of August, 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 Roger L. Nicks in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This Stipulation complies with Rule 41(a) of
the Federal Rules of Civil Procedure. All parties in this action
who have entered an appearance have executed this dismissal through
the undersigned counsel of record. | 8-29-2005 | 5661 | Re: Wallace Green v. Wyeth
(04-26058) AND NOW, this 29th day of August, 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 Wallace Green in the above-captioned case are hereby
dismissed with prejudice as to all named defendants, with each
party to bear its own costs and counsel fees. This Stipulation complies with Rule 41(a) of
the Federal Rules of Civil Procedure. All parties in this action
who have entered an appearance have executed this dismissal through
the undersigned counsel of record. | 8-29-2005 | 5662 | Re: Lois Jean Clemons W. Wyeth
(04-28698) Plaintiff Lois Jean Clemons 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
Lois Jean Clemons and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Lois Jean Clemons’ 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. | 8-29-2005 | 5663 | Re: Jacqueline Bradford v. Wyeth
(04-21471) THIS MATTER comes before the Court on the
stipulated joint motion of Plaintiff Jacqueline Bradford and the
Defendants to dismiss the claims of Plaintiff Jacqueline Bradford
without prejudice as against Defendants. AND NOW, this 29th day of August, 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 matter, those being Wyeth, AHP Subsidiary Holding
Corporation, and Indevus Pharmaceuticals, Inc. | 8-29-2005 | 5664 | Re: Dorothy Coler, greg Francil, Betty
Dickey, James Anderson, Stephanie Hansen, Sandra Clevenger, James
Chaloupka, Esther Nelson and Roberta Stillinger-Kunze v. Wyeth
(04-21470) THIS MATTER comes before the Court on the
stipulated joint motion of Plaintiff Stephanie Hansen and the
Defendants to dismiss the claims of Plaintiff Stephanie Hansen
without prejudice as against Defendants. AND NOW, this 29th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii), THAT THE CLAIMS OF
Stephanie Hansen only 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 is filed on behalf of
plaintiff and all Defendants who have appeared in the
above-captioned matter, those being Wyeth, AHP Subsidiary Holding
Corporation, and Indevus Pharmaceuticals, Inc. | 8-29-2005 | 5665 | Re: Rilla Mitchell v. Weyth, Thomas P.
Morga, Jr., M.d. and Does 1-100, Inclusive (05-20768) Plaintiff in the above-referenced case, and
Defendant Wyeth and Thomas P. Morgan, Jr., M.D. through their
respective counsel, enter into this stipulation with respect to the
following facts: 1. On November 15, 2004, the U.S. District
Judge for the Central District of California signed a notice of
Dismissal dismissing the plaintiff’s action in it entirety as shown
in Exhibit "A" attached hereto. 2. Therefore, it is agreed between all
parties that Plaintiff’s case may be dismissed at this time form
this honorable court. AND NOW, this 29th day of August, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rule of Civil Procedure 41(1)(1)(ii), that the Complaint in
the above-captioned case is hereby dismissed with
prejudice. This Stipulation is filed on behalf of
Plaintiff, Rilla Mitchell, Defendant Wyeth and Defendant Thomas P.
Morgan, Jr., M.D., the only defendants who have appeared in this
action. | 8-29-2005 | 5666 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Renewed Motion for an Order
Compelling Class members Represented by Childers, Buck &
Schlueter LLP and Napoli, Kaiser, Bern & Associates, LLP to
Produce Medical Authorizations and lists of Medical Providers
(Paper Docket No. 206031) is DENIED AS MOOT with respect to the
following plaintiffs: SEE PTO FOR NAMES. | 8-29-2005 | 5667 | Re: Betty Fife v. Weyth
(04-20115) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Motion to Compel Betty Fife to
Produce Disclosures as Required by Pretrial Order No. 2930 (Paper
Docket No. 20629) is DENIED AS MOOT. | 8-29-2005 | 5668 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Motion to Compel Certain Mississippi
Plaintiffs and Florida Plaintiff Leslie Winter to Produce
Disclosures Required by PTO No. 2930 (Paper Docket No. 206454) is
DENIED AS MOOT with respect to the following plaintiffs: SEE PTO
FOR NAMES. | 8-29-2005 | 5669 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Motion to Compel Certain Texas
Plaintiffs to Produce Disclosures Required by PTO No. 2930 (Paper
Docket No. 206553) is DENIED AS MOOT with respect to the following
plaintiffs: SEE PTO FOR NAMES. | 8-29-2005 | 5670 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Motion to Compel Certain Texas
Plaintiffs to Produce Echocardiogram Tapes and/or Discs Required by
PTO No. 2930 (Paper Docket No. 206627) is DENIED AS MOOT with
respect to the following plaintiffs: SEE PTO FOR
NAMES. | 8-29-2005 | 5671 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Motion to Compel 6 Plaintiffs to
Produce Complete Disclosures Required by PTO No. 2930 (Paper Docket
No. 206112) is DENIED AS MOOT with respect to the following
plaintiffs: Sandra G. Beverly, Veronica Burgos-Arcay, Carol
Jackson, Jane Joinder, Betty Kelley & Carrie A.
McGinnis. | 8-29-2005 | 5672 | Sheila Brown v. AHP (99-20593) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Motion to Compel 52 Plaintiffs to
Produce Complete Disclosures Required by PTO No. 2930 (Paper Docket
No. 206092) is DENIED AS MOOT with respect to the following
plaintiffs: SEE PTO FOR NAMES. | 8-29-2005 | 5673 | Sheila Brown v. AHP (99-20593) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Motion to Compel 12 Plaintiffs to
Produce Complete Disclosures Required by PTO No. 2930 (Paper Docket
No. 206113) is DENIED AS MOOT with respect to the following
plaintiffs: SEE PTO FOR NAMES. | 8-29-2005 | 5674 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 29th day of August, 2005, it
is hereby ORDERED that Wyeth’s Motion to Compel 110 Plaintiffs to
Produce Complete Disclosures Required by PTO No. 2930 (Paper Docket
No. 205872) is DENIED AS MOOT with respect to the following
plaintiffs: SEE PTO FOR NAMES. | 8-29-2005 | 5675 | Re: Beth Kanner v. Arnold v. Arnold Levin
(02-20116) AND NOW, this 29th day of August, 2005, for
the reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that: 1. The motion of defendants Arnold Levin,
Michael D. Fishbein, Levin, Fishbein, Sedran & Berman; Stanley
M. Chesley; Waite, Schneider, Bayless & Chesley’ John J.
Cummings, III; Cummings, Cummings & Dudenhefer; Roger P.
Brosnahan; Brosnahan, Joseph & Suggs; Elizabeth J. Cabraser;
Lieff, Cabraser & Heimann; Michael D. Hausfeld; Cohen,
Milstein, Hausfeld & Toll; Will S. Kemp; Harrison, Kemp &
Jones; Dianne M. Nast; Roda & Nast; J. Michael Papantonio;
Levin, Middlebrooks, Thomas, Mitchell, Green, Eschner, Proctor
& Papantanio; John M. Restaino, Jr.; Lopez, Hodes, Restaino,
Milman & skikos; Darryl J. Tschirn; Tschirn & Thomson; Gene
Locks; Greitzer & Locks; Sol H. Weiss; Anapol, Schwartz, Weiss,
Cohn, Feldman & Smalley, P.C.; Charles R. Parker; and Hill
& Parker (collectively, "Class Counsel" and the "Plaintiffs’
Management Committee") to dismiss is GRANTED; 2. The alternative motion of Class Counsel
and the PMC for summary judgement is DENIED as moot;
and 3. Plaintiffs’ complaint is DISMISSED with
prejudice. | 8-30-2005 | 5676 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 30th day of August, 2005, upon
consideration of Wyeth’s Motion for an extension of time, it is
hereby ORDERED that Wyeth shall be permitted an extension of time
up to and including September 12, 2005, to file a reply in support
of its motion to establish a procedure to determine whether MDL
plaintiffs are eligible under the Settlement Agreement to Exercise
Intermediate or Back-End Opt-Out Rights, filed August 2,
2005. | 8-30-2005 | 5677 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 30th day of August, 2005, it
is hereby ORDERED that the law firm of Cummings, Cummings &
Dudenhefer and John J. Cummings, III, are hereby GRANTED until
September 15, 2005 to comply with the reporting requirements of
Pretrial Order No. 5400, due to the effect of Hurricane Katrina on
New Orleans, Louisiana. | 8-30-2005 | 5678 | Re: Sheila Brown v. AHP
(99-20593) AND NOW, this 30th day of August, 2005, upon
consideration of Class Counsel’s Motion on Behalf of Fund
Administrator for Court Approval of Fifth Authorization
Application, the attached Fifth 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 the expenses, fees and costs itemized in the attached
Fifth 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 April 16, 2005 to
July 15, 2005 pursuant to its fifth invoice in the amount of:
$1,146,467.14; 2. Payment of invoices of the members of the
MRCC as follows: A. Gregg J. Reis, M.D.
$30,0000.00 B. Dean G. Karalis, M.D.
$30,000.00 C. Frank Silvestry, M.D.
$31,500.00 | 8-31-2005 | 5679 | Re: Rosalie Briggs v. Wyeth
(03-20078) AND NOW, this 31st day of August, 2005, it
is hereby ORDERED that: 1. The motion of Bradford D. Myler, Heather
A. McDougald, and the law firm of Bradford D. Myler &
Associates ("counsel") for leave to withdraw as legal counsel for
plaintiff Wanda Gassner is DENIED without prejudice; 2. Plaintiff shall have 30 days to respond
to the motion of Wyeth to dismiss the claims of class members
Shauna Carson and Wanda Gassner; 3. The court will hold in abeyance a ruling
on Report and Recommendation No. 26. | 8-31-2005 | 5680 | Re: This Order Relates to the Alley &
Ingram Cases Listed on Exhibit A AND NOW TO WIT: This 31st day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 action listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all parties.
(Marissa Canezo and Sandy Ruggiero) | 8-31-2005 | 5681 | Re: Re: This Order Relates to the Early,
Ludwick & Sweeney Cases Listed on Exhibit A AND NOW TO WIT: This 31st day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 action listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all parties.
(Shanon Keenan, John Wiley, Darlene Burr & Jason
Sommers) | 8-31-2005 | 5682 | Re: This Order Relates to the Ross Law Firm
Cases Listed on Exhibits A and B AND NOW TO WIT: This 31st day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 action listed on Exhibit A and B, including any and
all claims, counterclaims, cross-claims and third party claims
therein are DISMISSED with prejudice and without costs as to all
parties. (Barbara Sharkey, Rose Babineaux, Alexis Patrick, Berthene
Washington, Betty Williams, Carolyn Williams & Valerie
Wilson) | 8-31-2005 | 5683 | Re: This Order Relates to the Zimmerman Reed
Cases Listed on Exhibit A AND NOW TO WIT: This 31st day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 action listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all parties.
(See Order) | 8-31-2005 | 5684 | Re: This Order Relates to the Esplin &
Weight Cases Listed on Exhibit A AND NOW TO WIT: This 31st day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 action listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all parties.
(See Order) | 8-31-2005 | 5685 | Re: This Order Relates to the Saunders &
Walker Cases listed on Exhibit A AND NOW TO WIT: This 31st day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 action listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all parties.
(See Order) | 8-31-2005 | 5686 | Re: This Order Relates to the Walters Law
Firm Cases listed on Exhibit A AND NOW TO WIT: This 31st day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 action listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all parties.
(See Order) | 8-31-2005 | 5687 | Re: This Order Relates to the Brad Myler
& Associates Cases listed on Exhibit A and B AND NOW TO WIT: This 31st day of August,
2005, it having been advised that all claims between all the
parties in the cases listed on Exhibit A 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 action listed on Exhibits A and B, including any and
all claims, counterclaims, cross-claims and third party claims
therein are DISMISSED with prejudice and without costs as to all
parties. (See Order) | 8-31-2005 | 5688 | Re: Gayle Laris v. Wyeth
(05-22142) AND NOW, this 31st day of August, 2005, upon
consideration of plaintiff’s Motion to Amend Caption of Filings on
Court Docket to Reflect Plaintiff’s Correct Last Name, IT IS ORDERED that the caption and court
docket e amended to reflect the plaintiff’s correct last name of
"Laris." | 9-1-2005 | 5689 | Re: Garrison Scott cases listed on Exhibits
A and B AND NOW TO WIT: This 1st day of September,
2005, it having been advised that all claims between the parties in
the cases listed on Exhibits A and B 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 actions listed on Exhibit A and B, including any and
all claims, counterclaims, cross-claims and third party claims
therein are DISMISSED with prejudice and without costs as to all
parties. | 9-2-2005 | 5690 | Re: Betty L. Madison v. Weyth
(04-27270) AND NOW, this 2nd day of September, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii) as follows: Plaintiff
Betty L. Madison advises the court that she no longer desires to
pursue any of such claims and causes of action against Defendant
Gate Pharmaceuticals, A Division of Teva Pharmaceuticals USA,
Inc. Plaintiff Betty L. Madison does not at this
time nonsuit or dismiss her pending claims against any other
defendants herein. Plaintiffs, therefore, requests that this
Court approve this stipulation and pretrial order dismissing all of
her claims and causes of action which have been asserted, or which
could have been asserted herein, against Defendant Gate
Pharmaceuticals, A Division of Teva Pharmaceuticals USA, Inc., with
costs to be paid by the party incurring same. | 9-2-2005 | 5691 | Re: Mary Ann Scofield v. Weyth
(04-20446) AND NOW, this 2nd day of September, 2005, it
is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii) as follows: Plaintiff
Mary Ann Scofield advises the court that she no longer desires to
pursue any of such claims and causes of action against Defendant
Gate Pharmaceuticals, A Division of Teva Pharmaceuticals USA,
Inc. Plaintiff Mary Ann Scofield does not at this
time nonsuit or dismiss her pending claims against any other
defendants herein. Plaintiffs, therefore, requests that this
Court approve this stipulation and pretrial order dismissing all of
her claims and causes of action which have been asserted, or which
could have been asserted herein, against Defendant Gate
Pharmaceuticals, A Division of Teva Pharmaceuticals USA, Inc., with
costs to be paid by the party incurring same. | 9-2-2005 | 5692 | Re: Treva L. Perry v. Wyeth and AHP
Subsidiary Holding Corporation (05-24677) THIS MATTER comes before the Court on the
stipulated joint motion of Plaintiff Treva L. Perry and the
Defendants to dismiss the claims of Plaintiff Treva L. Perry with
prejudice as against the Defendants. AND NOW, this 2nd day of September, 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 and all Defendants who have appeared in the
above-captioned matter, specifically Wyeth and AHP Subsidiary
Holding Corporation. | 9-2-2005 | 5693 | Re: Robert Redbear, individually and on
behalf of the Estate of Rosemary M. Madrid v. Wyeth (04-26170) Plaintiff Robert Redbear, individually and
on Behalf of the Estate of Rosemary M. Madrid, 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))(ii) of the Federal Rules of Civil Procedure, Plaintiff
Robert Redbear, Individually and on Behalf fo the Estate of
Rosemary M. Madrid and Defendant Wyeth stipulate to the dismissal
with prejudice of Plaintiff Robert Redbear, Individually and on
Behalf of the Estate of Rosemary M. Madrid’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. | 9-2-2005 | 5694 | Re: Loyda L. Castillo v. Wyeth
(04-22476) Plaintiff Loyda Castillo 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
Loyda Castillo and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Loyda Castillo’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. | 9-2-2005 | 5695 | Re: Juanita L. Williams v. Weyth
(04-22302) 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 Plaintiff Juanita L. Williams are dismissed
without prejudice 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. | 9-6-2005 | 5696 | Re: Sheila Brown v. AHP (99-20593) Claimant:
Shanna L. Shurtliff Shanna L. Shurtliff ("Claimant") and the AHP
Settlement Trust (the "Trust") (collectively the "Parties"), hereby
stipulate and agree that the Show Cause proceeding initiated herein
by the trust against Claimant should be discontinued ant the
Pretrial Order No. 5243, issued by the Court on May 20, 2005, as it
pertains to Claimant Shanna L. Shurtliff, should be vacated in
accordance with the provisions of Pretrial Order No. 5517, issued
by the Court on July 27, 2005. The Parties further stipulate and
agree that the discontinuance of Claimant’s Show Cause proceeding
is without prejudice to her right to have her echocardiogram
re-audited "upon-prepayment of the reasonable cost of removing the
inserts and of conducting the re-audit" purusant to Pretrial oRder
No. 5517. IN WITNESS WHEREOF, the Parties, by their
undersigned counsel who are authorized to do so, hereby execute
this Stipulation. | 9-6-2005 | 5697 | Re: Tondy D. Arias v. Wyeth
(05-20347) AND NOW, this 6th day of September, 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 Norman Johnson, M.D. only, with each party to bear its
own costs and counsel fees. | | | | |
9-7-2005 | 5698 | Re: This Order Relates to the Alley & Ingram
Cases Listed on Exhibit A (Dymple Royals, 04-28391) AND NOW TO WIT: This 7th day of September, 2005, it having been advised that all
claims between all the parties in the cases listed on Exhibit A
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 actions listed on Exhibit A, including any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without costs as to all
parties. | 9-7-2005 | 5699 | Re: FILED UNDER SEAL, RELATES TO ALL ACTIONS AND NOW September 7, 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 to make payment on invoices
totaling Thirty Nine Thousand One Hundred Ninety-Two Dollars and
Eighty-Six Cents ($39,192.86) to the PMC Fen-Phen Litigation
Account. | 9-9-2005 | 5700 | Re: All Actions AND NOW, this 9th day of September, 2005, it is hereby
ORDERED that, effective September 1, 2005, Special Discovery Master
Gregory P. Miller’s billable rate is increased from $325.00 per
hour to $390.00 per hour. Any person having standing to object to
this increase shall file an opposition within 15 days of the date
of this Order. | 9-9-2005 | 5701 | Re: Sheila Brown (99-20593), Judy Easley (05-04123),
Genevieve Kosten (05-04122) & Constance Farmer (05-04121) v.
Wyeth AND NOW, on this 9th day of September, 2005, IT IS HEREBY
ORDERED that the Motion of Eula Artison, et al (05-25209) for a
thirty (30) day extension to file a response to Pretrial Order No.
5637 is GRANTED. | 9-9-2005 | 5702 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 9th day of September, 2005, it is hereby
ORDERED that former State Court Judges Marina Corordemu (New
Jersey), Ellis E. Reid (Illinois), and Fred Risovich, II (West
Virginia), are reappointed to serve on the State Court Judicial
Advisory Committee pursuant to the Nationwide Class Action
Settlement Agreement with AHP Corporation ("Settlement Agreement"),
Section VIII.B.3 of the Settlement Agreement: A. State Court Judicial Advisory Committee will be
established...and will consist of the judges form the state courts
which, as of October 7, 1996, had issued any order certifying
state-wide class actions in relation to the effects of Pondimin
and/or Redux. In accordance with this section, seven judges, including
Judges Corodemus, Reid and Risovich, were appointed to serve on the
State Court Judicial Advisory Committee. See Pretrial Order No.
1014 (Dec. 7, 1999). The language of Section VIII.B.3 does not address the
continued participation of former judges as members of the State
Court Judicial Advisory Committee. Nevertheless, the participation
of fromer judges is consistent with the intent of the parties to
the Settlement Agreement. Accordingly, former Judges Corodoemus,
Reid and Risovich should continue to serve on this Committee.
Sections VIII.B.4 and VIII.B.5 of the Settlement Agreement shall
continue to govern the function of this Committee and the
reimbursement of reasonable costs incurred by its members. | 9-9-2005 | 5703 | Re: Beth Branch v. Wyeth (04-25106) AND NOW, this 9th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-25106, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-9-2005 | 5704 | Re: Pamela Chapman v. Wyeth (04-25095) AND NOW, this 9th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-25095, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-9-2005 | 5705 | Re: Karen Billingsly v. Wyeth (04-25058) AND NOW, this 9th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-25058, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-9-2005 | 5706 | Re: Kay Alred v. Wyeth (04-25063) AND NOW, this 9th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-25063, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-9-2005 | 5707 | Re: Dorothy Coler v. Wyeth (04-21470) AND NOW, this 9th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-21470, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5708 | Re: Karen Frank v. Wyeth (04-26163) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-26163, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5709 | Re: Kathy Gastmann v. Wyeth (04-26178) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-26178, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5710 | Re: Joe Gilliland v. Wyeth (04-24042) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-24042, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5711 | Re: Janice Haning v. Wyeth (04-22797) AND NOW, this 133th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-22797, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5712 | Re: Celina Osuna v. Wyeth (05-21060) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 05-21060, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5713 | Re: Sherrise C. Martin v. Wyeth (05-22002) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 05-22002, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5714 | Re: Laura Luneau v. A. H. Robins (05-21072) AND NOW, this1 3th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 05-21072, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5715 | Re: Tona Lawhorn v. Wyeth (04-27098) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-27098, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5716 | Re: Julia Jacks v. Wyeth (04-26749) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-26749, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5717 | Re: Regina Grizzle v. Wyeth (04-27096) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-27096, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5718 | Re: Shirley Bones v. Wyeth (04-26191) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-26191, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5719 | Re: Martha Lou Glenn v. Wyeth (05-20614) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 05-20614, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5720 | Re: Linda J. Gentry v. Wyeth (04-26833) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-26833, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5721 | Re: Margaret Coyazo-Hernandez v. AHP (05-21059) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 05-21059, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5722 | Re: Norma McCulloch v. Wyeth (05-20449) AND NOW, this 13th day of September, 2005, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED that
the motion of plaintiff Norma McCulloch to remand her case to the
94th Judicial District Court of Nueces County, Texas is
GRANTED. | 9-13-2005 | 5723 | Re: Patricia Cassady (05-22040), Rosalie Cherne (05-22038),
Dale Luce (05-22043), Vicky Landers-Watkins (04-29842), Constance
McMillan (05-22039), Lynn Miller (05-22042) & Susan Schaeffer
(05-22041) v. Wyeth AND NOW, this 13th day of September, 2005, it is hereby
ORDERED that: 1. The motions of plaintiffs to remand in the seven
above-captioned actions are DENIED; and 2. All defendants in the above-captioned actions except
Wyeth are DISMISSED. | 9-13-2005 | 5724 | Re: Sara Campbell (04-25118), Anita Davis (04-25821), Anne
Heep (04-25834), Darlene Nobles (04-25822), Pam Payne (04-25831),
Sherry Polchinsi (04-25119) & Judy Thomas (04-25832 v.
Wyeth AND NOW, this 13th day of September, 2005, it is hereby
ORDERED that: 1. The motions of plaintiffs to remand in the seven
above-captioned actions are DENIED; and 2. All defendants in the above-captioned actions except
Wyeth are DISMISSED. | 9-13-2005 | 5725 | Re: Kim Bennett v. Wyeth (04-23144) AND NOW, this 13th day of September, 2005, it is hereby
ORDERED that: 1. Plaintiff’s motion to remand in the above-captioned
action is DENIED; and 2. All defendants in the above-captioned action except
Wyeth are DISMISSED. | 9-13-2005 | 5726 | Re: Karen M. Aguilar (04-29831), Terry J. Enderle
(04-29860) & Karina J. Mester (04-29858) v. Wyeth AND NOW, this 13th day of September, 2005, it is hereby
ORDERED that: 1. The motions of plaintiffs to remand in the three
above-captioned actions are DENIED; and 2. The claims against all defendants except Wyeth are
DISMISSED. | 9-13-2005 | 5727 | Re: Terri L. Garza v. Wyeth (04-29859) AND NOW, this 13th day of September, 2005, it is hereby
ORDERED that: 1. Plaintiff’s motion to remand in the above-captioned
action is DENIED; and 2. The claims against all defendants except Wyeth are
DISMISSED. | 9-13-2005 | 5728 | Re: Linda Bennett v. Wyeth (04-26400) AND NOW, this 13th day of September, 2005, it is hereby
ORDERED that: 1. Plaintiff’s motion to remand in the above-captioned
action is DENIED; and 2. The claims against all defendants except Wyeth are
DISMISSED. | 9-13-2005 | 5729 | Re: Patti Ford v. Wyeth (04-24045) AND NOW, this 13th day of September, 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
sixty (60) days of the date of this Order and in accordance with
Paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 04-24045, 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 for each Severed and Amended Complaint,
except for the first named plaintiff who files a Severed and
Amended Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 9-13-2005 | 5730 | Re: Louvenia and Fred Alexander v. Wyeth (05-20406) AND NOW, this 13th day fo September, 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 Order shall not affect
any right to which Plaintiffs 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 Rdux, Plaintiffs shall
re-file such claim or action in federal court only, and plaintiffs
shall name no new defendants. | 9-13-2005 | 5731 | Re: Mary Lyon v. Wyeth (04-21740) AND NOW, this 13th day of September, 2005, it is hereby
STIPULATED, ORDERED and DECREED, pursuant to Rule 41(a) of the
Federal Rules of Civil Procedure, that the claims of plaintiff,
Mary Lyon, 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 on ly re-file her claim 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. | 9-13-2005 | 5732 | Re: Jeanette Carrington v. Wyeth (04-24230) Plaintiff Jeanette Carrington 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 Jeanette
Carrington and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Jeanette Carrington’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. | 9-13-2005 | 5733 | Re: Judy Hurst v. Wyeth (04-23946) AND NOW, this 13th day of September, 2005, it is hereby
STIPULATED, ORDERED and DECREED, pursuant to Rule 41(a) of the
Federal Rules of Civil Procedure, that the claims of plaintiff,
Judy Hurst, 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 on ly re-file her claim 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. | 9-13-2005 | 5734 | Re: Jessie Parker v. Wyeth (04-25103) AND NOW, this 13th day of September, 2005, it is hereby
STIPULATED, ORDERED and DECREED, pursuant to Rule 41(a) of the
Federal Rules of Civil Procedure, that the claims of plaintiff,
Jessie Parker, 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 on ly re-file her claim 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. | 9-14-2005 | 5735 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 14th day of September, 2005, it is
hereby ORDERED the law firm of Cummings, Cummings & Dudenhefer
and John J. Cummings, III are hereby GRANTED, due to the effects of
Hurricane Katrina on New Orleans, Louisiana, a further extension
until September 22, 2005 to comply with the reporting requirements
of Pretrial Order No. 5400. | 9-14-2005 | 5736 | Re: Relates to the Capshaw goss bowers Cases Listed on
Exhibits A and B AND NOW TO WIT: this 14th day of September, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 9-14-2005 | 5737 | Re: Timoth Henneberry (Estate of Margaret Henneberry ) v.
AHP (01-20022) AND NOW TO WIT: this 14thd day of September, 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(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 any and all claims, counterclaims, cross-claims and
third party claims therein are DISMISSED with prejudice and without
coss as to all parties. | 9-14-2005 | 5738 | Re: Linda L. Marull v. AHP (00-20035) AND NOW TO WIT: this 14thd day of September, 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(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 any and all claims, counterclaims, cross-claims and
third party claims therein are DISMISSED with prejudice and without
coss as to all parties. | 9-14-2005 | 5739 | Re: Robert E. Lefevre v. AHP (00-20127) AND NOW TO WIT: this 14thd day of September, 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(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 any and all claims, counterclaims, cross-claims and
third party claims therein are DISMISSED with prejudice and without
coss as to all parties. | 9-14-2005 | 5740 | Re: Melody Davoust v. Wyeth (98-20558) AND NOW TO WIT: this 14thd day of September, 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(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 any and all claims, counterclaims, cross-claims and
third party claims therein are DISMISSED with prejudice and without
coss as to all parties. | 9-14-2005 | 5741 | Re: Kimberly Constant v. Wyeth (03-20147) AND NOW TO WIT: this 14thd day of September, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibit A have been settled, and upon Order of the Court
pursuant to Rule 41(b) of the Local Rules of Civil Procedure of
this Court, it is hereby ORDERED that, pursuant to agreement of counsel, the actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims are therein DISMISSED with
prejudice and without costs as to all parties. | 9-14-2005 | 5742 | Re; Rosalie Briggs v. AHP (03-20078) AND NOW TO WIT: this 14thd day of September, 2005 it having
been advised that the issues between the parties with respect to
plaintiff Wanda Gassner in the above listed action have been
settled, and upon Order of the Court pursuant to Rule 41(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 Wanda Gassner in the above action, and any and all
claims, counterclaims, cross-claims and third party claims therein
are DISMISSED with prejudice and without coss as to all
parties. | 9-14-2005 | 5743 | Re: This order relates to the Summers & Johnson cases
listed on Exhibit A AND NOW TO WIT: this 14th day of September, 2005 it having
been advises that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | | | 5744 | FILED UNDER SEAL - DID NOT GET A COPY FROM COURT. | 9-15-2005 | 5745 | Re: All Actions AND NOW, TO WIT, this 15th day of September, 2005, upon
consideration of the Sixty-Second Application by Escrow Agent for
interim Compensation and Reimbursement of Expenses (7/1/05 through
7/31/05), 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 for legal fees in the
amount of $1,018.03 for the period from 7/1/05 through 7/31/05, in
accordance with the procedure established by the Court. | 9-15-2005 | 5746 | Re: All Actions AND NOW, TO WIT, this 15th day of September, 2005, upon
consideration of the Fortieth Application by Special Master for
Interim Compensation and Reimbursement of Expenses Relating to
Pretrial Order No. 2383 (7/1/05 through 7/31/05), 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 $6,331.06 for the
period from 7/1/05 through 7/31/05, in accordance with the
procedure established by the Court. | 9-15-2005 | 5747 | Re: All Actions AND NOW, TO WIT, this 15th day of September, 2005, upon
consideration of the Eighty-Eighth Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expenses
(7/1/05 through 7/31/05), IT IS HEREBY ORDERED that the Application
is hereby GRANTED and it is directed that the parties reimburse the
Special Discovery Master for disbursements and compensation for
legal fees in the amount of $117,387.39 for the period from 7/1/05
through 7/31/05, in accordance with the procedure established by
the Court. | 9-15-2005 | 5748 | Re: All Actions AND NOW, TO WIT, this 15th day of September, 2005, upon
consideration of the Fifty-Sixth Application by Special Master to
the AHP Settlement Trust for Interim Compensation and Reimbursement
of Expenses (7/1/05 through 7/31/05), 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 $155,634.44 for the
period from 7/1/05 through 7/31/05, in accordance with the
procedure established by the Court. | 9-16-2005 | 5749 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 16th day of September, 2005, it is hereby
ORDERED that the joint motion of Wyeth and the Claims Facilitating
Committee entitled as a motion "Pursuant to the Settlement Process
for Approval of a Court-Supervised Escrow Account to Pay Certain
Claims Facilitating Committee Fees and Expenses" is DENIED. | 9-19-2005 | 5750 | Re: This Order Relates to the Dewsnup King & Olsen
Cases Listed on Exhibit An (Lana Richardson) AND NOW TO WIT: This 19th day of September, 2005 it having
been advised that all claims between the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 09-19-2005 | 5751 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 19th day of September, 2005, upon
consideration of the Joint Motion of the PMC and Wyeth to Approve a
Revised Generic Record on Remand, it is hereby ORDERED that the
Joint Motion is GRANTED and the Stipulation and Third Amendment to
Pretrial Order No. 1962, attached hereto as Exhibit A, is
APPROVED. | 09-26-2005 | 5752 | Re: Gina Gomez v. Wyeth (04-22976) THIS MATTER comes before the Court on the stipulated joint
motion of Plaintiff Gina Gomez and the Defendants to dismiss the
claims of Plaintiff Gina Gomez without prejudice as against
Defendants. AND NOW, this 26th day of September, 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. | 9-26-2005 | 5753 | Re: Lily Ching v. Wyeth (05-20931) AND NOW, this 26th day of September, 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
Defendant David Lee, 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 fo Plaintiff Lily Ching
and Defendant David Lee, M.D., who have appeared in the
above-captioned matter. | 9-26-2005 | 5754 | Re: Patsy Marshall v. Wyeth (05-20728) AND NOW, this 26th day of September, 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
Defendant Richard Winkle, 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 fo Plaintiff Patsy
Marsahll and Defendant Richard Winkle, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5755 | Re: William Deem v. Wyeth (05-20637) AND NOW, this 26th day of September, 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
Defendant Gary Proffett, 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 fo Plaintiff William
Deem and Defendant Gary Proffett, M.D.,who have appeared in the
above-captioned matter. | 9-26-2005 | 5756 | Re: Robert Depweg v. Wyeth (05-20632) AND NOW, this 26th day of September, 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
Defendant Richard Anderson, 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 fo Plaintiff Robert
Depweg and Defendant Richard Anderson, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5757 | Re: Candace Diehl v. Wyeth (05-20650) AND NOW, this 26th day of September, 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
Defendant Douglas Roberts, 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 fo Plaintiff Candace
Diehl and Defendant Douglas Roberts, M.D., who have appeared in the
above-captioned matter. | 9-26-2005 | 5758 | Re: Susan Eastman v. Wyeth (05-20716) AND NOW, this 26th day of September, 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
Defendant Gary J. Proffett, 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 fo Plaintiff Susan
Eastman and Defendant Gary J. Proffett, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5759 | Re: Dianne Forger v. Wyeth (05-20668) AND NOW, this 26th day of September, 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
Defendant Herbert Brotman, 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 fo Plaintiff Dianne
Forger and Defendant Herbert Brotman, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5760 | Re: Jose Herrera v. Wyeth (05-20647) AND NOW, this 26th day of September, 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
Defendant Stanley Majcher, 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 fo Plaintiff Jose
Herrera and Defendant Stanley Majcher, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5761 | Re: Theresa Knight v. Wyeth (05-20633) AND NOW, this 26th day of September, 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
Defendant Douglas E. Roberts, 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 fo Plaintiff Theresa
Knight and Defendant Douglas E. Roberts, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5762 | Re: Cynthia Morgan v. Wyeth (05-20771) AND NOW, this 26th day of September, 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
Defendant Barry Wallman, 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 fo Plaintiff Cynthia
Morgan and Defendant Barry Wallman, M.D., who have appeared in the
above-captioned matter. | 9-26-2005 | 5763 | Re: Carol Paradiso v. Wyeth (05-20695) AND NOW, this 26th day of September, 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
Defendant Martin Steinfeld, 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 fo Plaintiff Carol
Paradios and Defendant Martin Steinfeld, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5764 | Re: Beverly Teasdale v. Wyeth (05-20627) AND NOW, this 26th day of September, 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
Defendant Chee-Soon Yao, 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 fo Plaintiff Beverly
Teasdale and Defendant Chee-Soon Yao, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5765 | Re: Lucy Vinci v. Wyeth (05-20721) AND NOW, this 26th day of September, 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
Defendant Douglas Starr, 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 fo Plaintiff Lucy Vinci
and Defendant Douglas Starr, M.D., who have appeared in the
above-captioned matter. | 9-26-2005 | 5766 | Re: Rachel Shapiro v. Wyeth (05-20617) AND NOW, this 26th day of September, 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
Defendant David Lee, M.D. only, withe 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 fo Plaintiff Rachel
Shapiro and Defendant David Lee, M.D., who have appeared in the
above-captioned matter. | 9-26-2005 | 5767 | Re: Kathleen Thompson v. Wyeth (05-20342) AND NOW, this 26th day of September, 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
Defendant Jon Scott, 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 fo Plaintiff Kathleen
Thompson and Defendant Jon Scott, D.O., who have appeared in the
above-captioned matter. | 9-26-2005 | 5768 | Re: Ethel E. Solis v. Wyeth (05-20396) AND NOW, this 26th day of September, 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
Defendant Robert L. Barmeyer, 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 fo Plaintiff Ethel E.
Solis and Defendant Robert L. Barmeyer, M.D., who have appeared in
the above-captioned matter. | 9-26-2005 | 5769 | Re: Elke Schnur v. Wyeth (05-20805) AND NOW, this 26th day of September, 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
Defendant Richard Danson, 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 fo Plaintiff Elke
Schnur and Defendant Richard Danson, M.D., who have appeared in the
above-captioned matter. | 9-26-2005 | 5770 | Re: Janice Welch v. Wyeth (04-28459) AND NOW, this 26th day of September, 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
Defendant Richard B. Wisinger, 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 fo Plaintiff Janice
Welch and Defendant Richard B. Wissinger, M..D., who have appeared
in the above-captioned matter. | 9-26-2005 | 5771 | Re: Arlen Knuttila v. Wyeth (05-20119) AND NOW, this 26th day of September, 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
Defendants Scrips Clinic Medical Group, Inc and Scrips Clinic and
Research Foundation 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 fo Plaintiff Arlen
Knuttila and Defendant Scrips Clinic Medical Group, Inc and Scrips
Clinic and Research Foundation who have appeared in the
above-captioned matter. | 9-27-2005 | 5772 | Re: Stephanie A. Skinner v. Weyth (05-23532) AND NOW, this 27th day of September, 2005, it is hereby
ORDERED that: 1. Plaintiff’s motion to remand in the Above-Captioned
action is DENIED; and 2. The claims against all defendants except Wyeth are
DISMISSED. | 9-27-2005 | 5773 | Re: Barbara Pembroke (04-20513) & Mary Wilson
(04-21574) v. Wyeth AND NOW, this 27th day of September, 2005, it is hereby
ORDERED that: 1. The motions of plaintiffs to remand in the
above-captioned actions are DENIED; and 2. All defendants in the above-captioned actions except
Wyeth, Wyeth-Ayerst Laboratories, Inc., Wyeth Pharmaceuticals,
Inc., and A. H. Robins Company, Inc. are DISMISSED. | 9-27-2005 | 5774 | Re: Barbara Conway (05-22037), Susan S. Cruz (05-20505),
Lisa G. Dubose (05-25477), Susan A. Germany (05-23533), Lupe
Gonzales (05-25475), Robert A. Gulley (05-20611), Karla J. Hardin
(05-22055), Pamela Holmberg (05-25476), Lavette James (05-21039),
Dian Jones (05-21008), Angelina Martinez (05-22057), Carol S.
McKeever (05-21043), Cynthia D. Reed (05-25478) & Mildred Shaw
(05-22007) v. Wyeth AND NOW, this 27th day of September, 2005, it is hereby
ORDERED that: 1. The motions of plaintiffs to remand in the
above-captioned actions are DENIED; and 2. All defendants in the above-captioned actions except
Wyeth, Wyeth-Ayerst Laboratories, Inc., Wyeth Pharmaceuticals,
Inc., and A. H. Robins Company, Inc. are DISMISSED | 9-27-2005 | 5775 | Re: Terry L. Martin v. A.H. Robins (03-20285) AND NOW, this 27th day of September, 2005, for the reasons
set forth in the accompany 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
sixty (60) days of the date of this Order and in accordance with
paragraphs 7, 8, 10, and 12 of Pretrial Order No. 3370; 3. The Clerk of Court shall assign a separate Civil Action
Number, which shall be related to Civil Action Number 03-20285, 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 for each Severed and Amended Complaint except
for the first named plaintiff who files a severed and Amended
Complaint; and 5. Failure to remit the filing fee with a Severed and
Amended Complaint, except as noted in paragraph (4), will result in
the dismissal with prejudice of any and all claims asserted by the
plaintiff. | 10-7-2005 | 5776 | Re: Angelina O. Rivera v. Wyeth (04-24128) Plaintiff Angelina O. Rivera 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 Angelina O.
Rivera and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Angelina O. Rivera’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. | 10-7-2005 | 5777 | Re: Martha Washburn v. Wyeth (04-22260) Plaintiff Martha Washburn 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 Martha Washburn and
Defendant Wyeth stipulate to the dismissal with prejudice of
Plaintiff Martha Washburn’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. | 10-7-2005 | 5778 | Re: Joyce McCune v. Wyeth (04-29850) AND NOW, this 7th day of October, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that plaintiff Joyce McCune
hereby dismisses with prejudice this action as to all defendants
with each party to bear its own costs and counsel fees. This
dismissal shall be with prejudice. Notwithstanding the foregoing,
this dismissal shall be subject to the terms and conditions in the
Nationwide Class Action Settlement Agreement. | 10-7-2005 | 5779 | Re: Edie Rogers v. Wyeth (04-21535) AND NOW, this 7th day of October, 2005, it is hereby
STIPULATED, ORDERED and DECREED, pursuant to Rule 41(a) of the
Federal Rules of Civil Procedure, that the claims of the Plaintiff,
Edie Rogers, 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. | 10-7-2005 | 5780 | Re: Michelle Kirkland v. Wyeth (04-24047) AND NOW, this 7th day of October, 2005, it is hereby
STIPULATED, ORDERED and DECREED, pursuant to Rule 41(a) of the
Federal Rules of Civil Procedure, that the claims of the Plaintiff,
Michelle Kirkland, 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. | 10-7-2005 | 5781 | Re: Elmo Johnson v. Wyeth (04-21805) AND NOW, this 7th day of October, 2005, it is hereby
STIPULATED, ORDERED and DECREED, pursuant to Rule 41(a) of the
Federal Rules of Civil Procedure, that the claims of the Plaintiff,
Elmo 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. Plaintiff further stipulates
that he 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. | 10-12-2005 | 5782 | Re: Sheila Brown v. AHP (99-20593) WHEREAS, Pretrial Order No. 3882 directs that Class Counsel
and Wyeth determine if High Level Claims within the scope of the
Parallel Processing Procedures are sufficiently complete with the
meaning of the Settlement Agreement to permit making a
determination of eligibility for Matrix Compensation benefits as a
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, during the preceding month, Wyeth designated the
claims set forth on Schedule 1 hereto as Payable at the benefit
levels and amounts set forth therein. NOW, THEREFORE, this 12th day of October, 2005, upon
consideration of the Ninth Motion of the AHP Settlement Trust to
Pay Claims Designated as Payable by Wyeth Pursuant to Pretrial
Order No. 3882 (the "Motion"), 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 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. | 10-12-2005 | 5783 | Re: Carol Cocchia v. Wyeth (04-29855) AND NOW, this 12th day of October, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal
Rules of Civil Procedure 41(a)(1)(ii), that Plaintiff Carol Cocchia
hereby dismisses with prejudice this action as to all defendants,
Wyeth f/k/a American Home Products Corporation, with each party to
bear its own costs and counsel fees. This dismissal is without
prejudice to any rights plaintiff Carol Cocchia may later accrue
under the Nationwide Class Action Settlement Agreement. This Stipulation is filed on behalf of plaintiff Carol
Cocchia and defendants Wyeth, who have appeared in the
above-captioned matter. | 10-12-2005 | 5784 | Re: Cathy Davis v. Wyeth (04-21296) AND NOW TO WIT: This 12th day of October, 2005, it is
hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to
Federal Rules of Civil Procedure 41(a)(1)(ii) that the Complaint as
to Plaintiff Francis Bland only in the above-captioned case is
hereby dismissed with prejudice as to all named Defendants, with
each party to bear its own costs and counsel fees. Notwithstanding
the foregoing, this Order shall not affect any rights to which
plaintiff may be entitled pursuant to the National Settlement
Agreement. This Stipulation is filed on behalf of Plaintiff and all
Defendants who have appeared in the above-captioned matter, those
being Wyeth, Inc., Wyeth Pharmaceuticals, Inc., Celltech
Pharmaceuticals and Indevus Pharmaceuticals, Inc. | 10-12-2005 | 5785 | Re: All Actions AND NOW, this 12th day of October, 2005, upon consideration
of the Special Master’s First Petition for Approval of Mediation
Settlement, it is hereby ORDERED that said petition is GRANTED and
Pretrial Order No. 5785(a) shall be filed under seal. | 10-12-2005 | 5785A | FILED UNDER SEAL | 10-12-2005 | 5786 | Re: All Actions FILED UNDER SEAL AND NOW, October 12, 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 Ninety Thousand Six Hundred Eighty Dollars and Thirty-Nine
Cents ($90,680.39) to the PMC Fen-Phen Litigation by wire
transfer. | 10-12-2005 | 5787 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 12th day of October, 2005, upon consideration
of the request of counsel, the date to serve replies to the Motion
of Certain Class Members in Support of Their Motion Under Rule
60(b) for Relief from Judgment and Wyeth’s Motion to Deny Claims
for Settlement Benefits submitted by Napoli/Hariton is extended
from October 21, 2005 to November 4, 2005. | 10-14-2005 | 5788 | Re: Meloy Trieweiler cases listed on Exhibits A and B AND NOW TO WIT: This 14th day of October, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibits A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 10-14-2005 | 5789 | Re: Garrison Scott Cases listed on Exhibit B AND NOW TO WIT: This 14th day of October, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibit B 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 actions
listed on Exhibits B, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. (Sandra Haynes & Roberta King) | 10-14-2005 | 5790 | Re: Neese Law Firm Cases Listed on Exhibit A AND NOW TO WIT: This 14th day of October, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. (Marian L. Mullowney & Marvin A. Sirjord) | 10-14-2005 | 5791 | Re: Garrison Scott Cases Listed on Exhibit B AND NOW TO WIT: This 14th day of October, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibit B 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 actions
listed on Exhibit B, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. (Judith Arden & Marie Owens) | 10-14-2005 | 5792 | Re: All Actions AND NOW, TO WIT, this 14th day of October, 2005, upon
consideration of the Eighty-Ninth Application by Special Discovery
master for Interim Compensation and Reimbursement of Expenses
(08/01/05 through 08/31/05), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that the parties
reimburse the Special Discovery Master for disbursements and
compensation for legal fees in the amount of $128,728.41 for the
period from 08/01/05 through 08/31/05, in accordance with the
procedure established by the Court. | 10-14-2005 | 5793 | Re: All Actions AND NOW, TO WIT, this 14th day of October, 2005, upon
consideration of the Fifty-Seventh Application by Special Master to
the AHP Settlement Trust for Interim Compensation and Reimbursement
of Expenses (08/01/05 through 08/31/05), 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 $155,438.68 for the
period from 08/01/05 through 08/31/05, in accordance with the
procedure established by the Court. | 10-14-2005 | 5794 | Re: All Actions AND NOW, THIS WIT, this 14th day of October, 2005, upon
consideration of the Forty-First Application by Special Master for
Interim Compensation and Reimbursement of Expenses Relating to
Pretrial Order No. 2383 (08/01/05 through 08/31/05), 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 $1,193.68 for the
period from 08/01/05 through 08/31/05, in accordance with the
procedure established by the Court. | 10-14-2005 | 5795 | Re: All Actions AND NOW, TO WIT, this 14th day of October, 2005, upon
consideration of the Sixteenth Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expenses
Relating to Petitions for Awards of Attorneys’ Fees and
Reimbursement of Litigation Expenses (07/01/05 through 08/31/05),
IT IS HEREBY ORDERED that the Application is hereby GRANTED and it
is directed that the Special Discovery Master shall be reimbursed
out of the MDL 1203 Fee and Cost Account for disbursements and
compensation for legal fees in the amount of $2,142.50 for the
period from 07/01/05 through 08/31/05, in accordance with the
procedure established by the Court. | 10-14-2005 | 5796 | Re: All Actions AND NOW, TO WIT, this 14th day of October, 2005, upon
consideration of the Sixty-Third Application by Escrow Agent for
Interim Compensation and Reimbursement of Expenses (08/01/05
through 08/31/05), 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 for legal fees in
the amount of $11,475.16 for the period from (08/01/05 through
08/31/05), in accordance with the procedure established by the
Court. | 10-14-2005 | 5797 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 14th day of October, 2005, upon consideration
of the Motion of the Napoli/Hariton Law Firms for Leave to File a
Brief in Excess of 25 Pages, it is hereby ORDERED and DECREED that
said motion is granted and that counsel may file the Memorandum min
Opposition to Wyeth’s Motion to Deny Claims. | 10-14-2005 | 5798 | Re: Frances Montieth v. Wyeth (04-26862) AND NOW, this 14th day of October, 2005, it is hereby
ORDERED that Wyeth’s Motion for Extension of Time to Respond to
Plaintiffs’ motion for Reconsideration and Relief from Judgement
and Motion for Leave to File Severed and Amended Complaints until
October 3, 2005, is hereby GRANTED. | 10-14-2005 | 5799 | Re: Sheila Brown v. AHP (99-20593) IT IS STIPULATED AND AGREED between Nancy Smith 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 October 17, 2005 to respond to the
above-captioned motion. Pursuant to local rule 7.4(b)(2), this is the first
extension of time on this motion, and the extension does not exceed
thirty days. | 10-14-2005 | 5800 | Re: Sheila Brown v. AHP (99-20593) It is hereby STIPULATED and AGREED by and between Nancy A.
Smith, represented by Franklin D. Azar and Associates, P.C., and
Defendant Wyeth, through their respective undersigned counsel, that
Wyeth shall have an extension of time up to and including October
17, 2005 to respond to Nancy A. Smith’s Motion to Register for
Benefits Within the National Settlement Agreement After the May
2003 Deadline for Excusable Neglect. This Extension is for a period of less than 30 days. No
prior extension has been requested or given in this matter. | 10-14-2005 | 5801 | Re: All Actions FILED UNDER SEAL AND NOW, October 14, 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 to make payment on invoices
totaling Thirty Nine Thousand One Hundred Ninety-Two Dollars and
Ninety Cents ($39,192.90) to the PMC Fen-Phen Litigation Account,
by wire transfer using the following routing number: | 10-17-2005 | 5802 | Re: All Actions AND NOW, this 17th day of October, 2005, following a
telephone conference with the counsel for both Wyeth and plaintiffs
in Harvey, et al. v. AHP, et. al., Case No. B-165, 374, currently
pending in the District Court of Jefferson County, Texas, 60th
Judicial District in Beaumont, Texas, it is hereby ORDERED that
Wyeth’s Motion for a Temporary Restraining Order and "Motion to
Quash the Subpoenas Duces Tecum and Notices of Improperly Noticed
Generic Depositions and to Permanently Enjoin the Blizzard Firms
from Taking Other Depositions" are both DENIED without
prejudice. | 10-14-2005 | 5803 | Re: Sheila Brown v. AHP (99-20593) It is hereby STIPULATED and AGREED by and among Class
Counsel, Wyeth and the AHP Settlement Trust as follows: 1. Wyeth and the AHP Settlement Trust shall have an
extension of time up to and including November 2, 2005, to respond
in any manner to Class Counsel’s Disclosures and Request for
Instructions with Respect to the Integrity of the Audit System,
filed by Class Counsel on or about September 28, 2005. 2. Class Counsel shall have a period of twenty days to
reply to any responses submitted by the Trust and/or Wyeth pursuant
to this stipulation. 3. This extension is for a period of less than thirty days.
No prior extension has been requested or given in this
matter. | 10-15-2005 | 5804 | Re: Cases of Heygood, Orr & Reyes Cases Listed on
Exhibits A and B AND NOW TO WIT: This 18th day of October, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 10-17-2005 | 5805 | Re: Frances Montieth v. Wyeth (04-26862) AND NOW, this 17th day of October, 2005, it is hereby
ORDERED that Wyeth’s Motion for Leave to File a Sur-Reply in
Support of its Opposition to Plaintiffs’ Motion for Leave to File
Severed and Amended Complaints and Motion for Reconsideration and
Relief from Judgement is hereby GRANTED. | 10-17-2005 | 5806 | Re: Sheila A. Morales v. Wyeth (04-24044) AND NOW, this 17th day of October, 2005, it is hereby
ORDERED that Wyeth’s Motion for Leave to File a Sur-Reply in
Support of its Opposition to Plaintiffs’ Motion for Leave to File
Severed and Amended Complaints and Motion for Reconsideration and
Relief from Judgement is hereby GRANTED. | 10-20-2005 | 5807 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 20th day of October, 2005, upon consideration
of Wyeth’s Motion for an Extension of Time, it is hereby ORDERED
that Wyeth shall be permitted an extension of time up to and
including October 31, 2005, to and including October 31, 2005, to
file a reply in support of its Motion to Establish a Procedure
Relating to Possible Medicare Claims, filed September 28,
2005. | 10-20-2005 | 5808 | Re: All Actions Order Authorizing AHP Settlement Trust to Exercise a
Renewal Option in the Sublease for office Space at 1818 Market
Street, Philadelphia, Pennsylvania AND NOW, this 20th day of October, 2005, upon application
of the AHP Settlement Trust ("Trust") for approval to exercise a
Renewal Option contained the Sublease dated July 7, 2003 by and
between Day & Zimmerman, Inc., and the Trust ("Sublease")
relating to approximately 29,464 rentable square feet on the
Nineteenth Floor of 1818 Market Street, Philadelphia, Pennsylvania,
a copy of which is attached hereto, to extend the term of the
Sublease for a period of 20 months from July 1, 2006 through
February 28, 2008, the Court having been advised (i) that the terms
of the Renewal Option were negotiated at arms’ length and were
previously reviewed and approved by the Court, (ii) that the terms
of the Renewal Option have been reviewed by the Trustee appointed
by this Court, (iii) that the Trustee exercising his business
judgment has concluded that there is a need for the Trust to
exercise the Renewal Option to assure adequate facilities for the
Trust’s future operations, and (iv) that the Parties to the
Nationwide Class Action Settlement Agreement with AHP dated
November 12, 1999, as amended, do not oppose the action to be taken
by the Trustee; it is hereby ORDERED AND DECREED that the AHP
Settlement Trust may exercise the Renewal Option contained in the
Sublease Agreement dated July 7, 2003 with Day & Zimmerman,
Inc., to extend the terms of the Sublease for a period of 20 months
from July 1, 2006 to February 28, 2008 on the terms set forth in
the Sublease Agreement attached hereto. | 10-24-2005 | 5809 | Re: Greener, Banducci & Shoemaker Cases Listed on
Exhibit A (Kristine Reed 03-20378) AND NOW TO WIT: this 24th day of October, 2005, it having
been advised that all claims between the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 10-25-2005 | 5810 | Re: Bertram Law Firm Cases Listed on Exhibits A and B AND NOW TO WIT: this 24th day of October, 2005, it having
been advised that all claims between the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-26-2005 | 5811 | Re: Sheila Brown v. AHP (99-20593) claimants: Candace M.
Clark, Josie C. Conerly, Maureen A. Cowan, Maria T. Ebert, Melba Y.
Rose, Marilyn Turner, Sharon S. Vang & Estate of Leslie D.
Woolfold 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. | 10-26-2005 | 5812 | Re: Sheila Brown v. AHP (99-20593) And now, this 26th day of October, 2005, upon consideration
of the Stipulation between Claimant Cleo Moriarty and the AHP
Settlement Trust attached hereto, it is hereby ORDERED that the
Stipulation is hereby approved, the Order to show Cause Regarding
Claimant Cleo Moriarty is discontinued, and Pretrial Order No.
5240. as it pertains to Cleo Moriarty, is vacated. | 10-26-2005 | 5813 | Re: Pamela Leigh Aycock (Derema Dalton) v. Wyeth
(04-20089) AND NOW, this 26th day of October, 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
Derema Dalton in the above-captioned case are hereby dismissed
without prejudice as to all Defendants, with each party to bear its
own costs and counsel fees. 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 and 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 Derema
Dalton and all defendants who have appeared in the above-captioned
matter, those being Wyeth and Wyeth Pharmaceuticals, Inc. | 10-26-2005 | 5814 | Re: All Actions AND NOW, TO WIT, this 26th day of October, 2005, upon
consideration of the Forty-Second Application by Special Master for
Interim Compensation and Reimbursement of Expenses Relating to
Pretrial Order No. 2383 (09/01/05 through 09/27/05), IT IS HEREBY
ORDERED that the Application is hereby GRANTED and it is directed
that Wyeth reimburse the Special Master for disbursement and
compensation for legal fees in the amount of $1,425.00 for the
period from 09/01/05 through 09/30/05, in accordance with the
procedure established by the Court. | 10-26-2005 | 5815 | Re: All Actions AND NOW, TO WIT, this 26th day of October, 2005, upon
consideration of the Fifty-Eighth Application by Special Master to
the AHP Settlement Trust for Interim Compensation and Reimbursement
of Expenses (09/01/05 through 09/27/05), IT IS HEREBY ORDERED that
the Application is hereby GRANTED and it is directed 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 $202,733.56 for the
period from 09/01/05 through 09/27/05, in accordance with the
procedure established by the Court. | 10-26-2005 | 5816 | Re: All Actions AND NOW, TO WIT, this 26th of October, 2005, upon
consideration of the Sixty-Fourth Application by Escrow Agent for
Interim Compensation and Reimbursement of Expenses (09/01/05
through 09/27/05), 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 for legal fees in
the amount of $3,904.32 for the period from (09/01/05 through
09/27/05), in accordance with procedure established by the
Court. | 10-26-2005 | 5817 | Re: All Actions AND NOW, TO WIT, this 26th day of October, 2005, upon
consideration of the Ninetieth Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expenses
(09/01/05 through 09/27/05), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that the parties
reimburse the Special Discovery master for disbursements and
compensation for legal fees in the amount of $69,328.73 for the
period from 09/01/05 through 09/27/05 | 10-26-2005 | 5818 | Re: AND NOW, TO WIT, this 26th day of October, upon
consideration of the Seventeenth Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expenses
Relating to Petitions for Awards of Attorneys’ Fees and
Reimbursement of Litigation Expenses (09/01/05 through 09/27/05),
IT IS HEREBY ORDERED that the Application is hereby GRANTED and it
is directed that the Special Discovery Master shall be reimbursed
out of the MDL 1203 Fee and Cost Account for disbursements and
compensation for legal fees in the amount of $1,279.00 for the
period from 09/01/05 through 09/27/05, in accordance with the
procedure established by the Court. | 10-26-2005 | 5819 | Re: Evelyn Fine v. Wyeth (05-20405) AND NOW, this 26th day of October, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED pursuant to Federal Rules
of Civil Procedure, Rule 41(a)(1)(ii), that the claims in the
Complaint in the above-captioned matter are hereby DISMISSED
WITHOUT PREJUDICE as to all remaining defendants with each part to
bear its own costs and counsel fees. In the event that Plaintiff refiles any such claim or
action arising out of the use of Pondimin or Redux, Plaintiff shall
refiles such claim or action in federal court only. Plaintiff
hereby stipulates that such claim or action will be based on new
medical evidence. This Stipulation is filed on behalf of defendants Wyeth and
K-Mart Corporation against whom the claims in the complaint shall
be dismissed in their entirety by the Court’s approval of this
Stipulation. | 10-26-2005 | 5820 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 26th day of October, 2005, it is hereby
ORDERED that Report and Recommendation No. 33 of the Special
Discovery Master (as to Wyeth’s Motion to Compel Certain Plaintiffs
to Procedure Disclosures Required by Pretrial Order No. 2930) is
hereby AFFIRMED and all claims of Plaintiffs Gladys Hendrickson and
Christopher Hendrickson, MDL No. 04-27221, are DISMISSED with
prejudice. It is further ORDERED that Wyeth’s Motion is DENIED as MOOT
with respect to the following Plaintiffs: Ann Allosso, Frank
Bertucci, Mary Jolene Boone, Paula Karen Byrd, Shriley A. Cormier,
Mischa Daniel, Reba Denson, Marilyn J. Earthly, Jeffrey C. Francis,
Alison Groisa-Deangelis, Cheryl Hafez, Robin Hesse, William Hymes,
Tara R. Jones, Leslie Miller, Lisa Morrison, Joe A. Munoz, Syble
Payne, Patricia Philpot, Delores Randle, Annette Roberson, Edna
Rockwell, Sunday Taylor, Betty Jayne Taylor, Mary Tompkins, jOyce
Venters, Barbara Warren, Celestine Wilkins, Elizabeth Williams,
Jancie Woodard & Pam Woddell. | 10-26-2005 | 5821 | Re: Sara Chrimes, Rosemary Bonny, Kathy Jackson, Megan
Aldridge, Mary Yanchok, Amanda Bailey, Cynthia houseal, Urda
Marinez, Linda Thompson, Jacqueline Brugno, Shirley Pfeiffer, Ketty
Juarez, Gina Martorana, Lorraine Stemmer, Faith Jones, Nellie
Weathersby, Cynthia Kidd & Alice Prilo COMES NOW, this parties to this action, by and through
counsel of record and hereby submit this Stipulation of dismissal
without Prejudice due to lack of subject matter jurisdiction
pursuant to the provisions of Federal Rule of Civil Procedure
41(a)(1). The parties respectfully request that the Court deny as
moot Wyeth’s Motion to Dismiss for Lack of Subject Matter
Jurisdiction and dismiss without prejudice all claims of Plaintiffs
Sara Chrimes, Rosemary Bonny, Kathy Jackson, Megan Aldridge, Mary
Yanchok, Amanda Bailey, Cynthia Houseal, Urda Marinez, Linda
Thomson, Jacqueline Brungo, Shirley Pfeiffer, Ketty Juarez, Gina
Martorana, Patricia Shaefer, Lorraine Stemmer, Faith Jones, Nellie
Weathersby, Cynthia Kidd and Alice Prilo. This Pretrial Order shall not excuse performance of any
conditions agreed to by the parties related to the re-filing of
complaints by plaintiffs in the above-captioned actions. | 10-27-2005 | 5822 | Re: Karen St. Pierre v. Wyeth (05-24543) AND NOW, this 27th day of October, 2005, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The motion of plaintiffs to remand is DENIED; 2. All claims against defendants Richard L. Sommers and
Richard H. Flett are DISMISSED; and 3. All claims of the remaining non-Missouri plaintiffs,
Karen St. Pierre, Cheryl Cameron, Mary Ellen Cutshaw, Donald Cruse,
Debbie Danner, Amy Durfee, Peggy Ford, Virgin Gehring, Delores
Gennusa, Beverly Grubor, Lyle Hagenback, Louise Hill, Rhonda
Joliffe, Carol Lessard, John Lucas, Vickie Maher, Donald Maine,
Shriley Malone, Gerald McCann, Judith McGovern, Rosemary Moore,
Bertha Morrow, Jane Murray, Rosie Perez, Johanna Lou Sanders, Jeff
Schmitt, Mary Sears, Andrea Talley, Barbara Trent, Ruth Zidon and
Judy Lucier are DISMISSED WITHOUT PREJUDICE. | 11-1-2005 | 5823 | Re: Petroff & Associates Cases Listed on Exhibits A and
B AND NOW TO WIT: This 1st day of November, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibits A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 11-1-2005 | 5824 | Re: Garrison Scott Cases listed on Exhibit A (Patricia
Gayle Sanderson 99-20843) AND NOW TO WIT: This 1st day of November, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties | 11-1-2005 | 5825 | Re: Summers & Johnson Cases Listed on Exhibit A AND NOW TO WIT: This 1st day of November, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties | 11-1-2005 | 5826 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 1st day of November, 2005, upon consideration
of Wyeth’s motion for an extension of time, it is hereby ORDERED
that Wyeth shall be permitted an extension of time up to and
including November 14, 2005, to file a reply in support of its
Motion to Establish a Procedure Relating to a Possible Medicare
Claims, filed September 28, 2005.. | 11-1-2005 | 5827 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 1st day of November, 2005, upon consideration
of Wyeth’s motion for an extension of time, it is hereby ORDERED
that Wyeth shall be permitted an extension of time up to and
including November 14, 2005, to file a response to Class Counsel’s
Disclosures and Request for Instructions with Respect to the
Integrity of the Audit System, filed September 28, 2005, and to
Claimants’ Joinder in the Removal of Dr. Joseph Kisslo and Cross
Motion for Removal and Disqualification of Dr. John Dent, the
Twenty Tainted Auditing Cardiologists From Involvement with the
Trust and Audits of Claims, for Re-Audit of All Audit Denials Under
the National Class Action Settlement Agreement with AHP, Inc.
(Wyeth) and for a New Seventh Amendment Opt Out Right for Those Who
Previously Opted into the Seventh Amendment, filed October 12,
2005. | 11-2-2005 | 5828 | Re: All Actions Listed on Exhibit A (Barbara Miles,
(02-20195), Sherrie Brown (02-20209), Sandra Bryant (02-20209),
Cheryl Doggett (02-20209), Annette Flat (02-20209), Melba Howie
(02-20209), Gloria Irving (02-20209), Irene Saucedo (02-20209),
Sandy Alexander (02-20210), Lori Brown (02-20210), Allyson
Haltiwanger (02-20210), Sherry Holloway (02-20210), Louise Mills
(02-20210), Sharon Schultz (02-20210), Perry Huckabay (02-20211),
Suzanne James (02-20211), Karen McManus (02-20211), Eddie Nicholson
(02-20211), Catherine Romain (02-20211), Michele Slaten (02-20211),
Sherry Swarthout (02-20211), Pamela Kenyon (02-20212), Olivia
Orosco (02-20212), Dorothy Rackley (02-20212), Janis Thomas
(02-20212), Wanda White (02-20212), Joanna Young (02-20212), Linda
Anthony (02-20213), Patricia Marshall (02-20213), Elvira Morton
(02-20213), Phyllis Rowan (02-20213), Freddie N. Welborn
(02-20213), Debbie Cypert (02-20214), Sheila Allen (02-20215),
Merry Pryor (02-20215), Shari Schauer (02-20215), Muriel Stevenson
(02-20215), Dana Torres (02-20215), Joann Griggs (02-20216),
Shirley Haskins (02-20216), Karen R. Brain (04-20734), Darlene M.
Cross (04-20735), Connie Claborn (04-21466), Vernon Johnson
(04-21480), Donna Long (04-21508), Debra Lutz Sultzman (04-21524),
Alice Carrillo (04-21534), Pat Thompson (04-21545), Sharon K. Riggs
(04-21546), Connie Tackett (04-21902), Elizabeth Sullivan
(04-22130), Betty Wallace (04-26208) & Colette Tatum
(04-29439) AND NOW, this 2nd day of November, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the claims of the plaintiffs
listed on Exhibit A are hereby dismissed with prejudice as to all
named Defendants, with each party to bear its own costs and counsel
fees. This Stipulation is filed on behalf of Plaintiffs and all
Defendants who have appeared in the above-captioned matters. | 11-2-2005 | 5829 | Re: Tammy P. Holland v. Wyeth (04-20369) AND NOW TO WIT: This 2nd day of November, 2005, it having
been reported that O’Quinn, Laminack & Pirtle requests to be
withdrawn as counsel of record, for Plaintiff Tammy P. Holland, in
the above-captioned action and that Mitchell A. Toups of the law
firm of Weller, Green, Toups & Terrell, L.L.P., and Kenneth W.
Lewis of the law firm of Bush, Lewis & Roebuck, P.C. request to
be substituted as counsel of record for Plaintiff Tammy P. Holland,
and that Plaintiff has no objection to said withdrawal and
substition, and upon Order of the Court, it is hereby ORDERED that, O’Quinn, Laminack & Pirtle, l.L.P. is
WITHDRAWN as counsel of record and Mitchell A. Toups of the Law
Firm of Weller, Green, Toups & Terrell, L.L.P. and Kenneth W.
Lewis of the law firm of Bush, Lewis & Roebuck, P.C. are
SUBSTITUTED in the above-captioned action. | 11-2-2005 | 5830 | Re: Richard B. Wilber (04-21027) IT IS HEREBY STIPULATED by and between Plaintiff Richard B.
Wilber and Defendants Wyeth, Dr. Barbara M. Pinson, and Dr. Donna
M. Hand, that the Complaint in the above-captioned action be
dismissed with Prejudice as to all named Defendants, with each
party to bear its own costs and counsel fees. This Stipulation is filed on behalf of Plaintiff Richard B.
Wilber and all Defendants who have appeared in the above-captioned
case. This Stipulation is filed on the basis that Plaintiff
Richard B. Wilber and Defendants filed a Motion to Non-Suit
Defendants with the District Court of Dallas County, Texas, 68th
Judicial District. On July 28, 2003, the final Order was signed
(Exhibit "B"). | 11-2-2005 | 5831 | Re: All Action - FILED UNDER SEAL AND NOW, November 3, 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 Sixty-Seven Thousand Five Hundred Sixty-Five Dollars and
Eleven Cents ($67,565.11) to the PMC Fen-Phen Litigation Account,
by wire transfer. | 11-3-2005 | 5832 | Re: Steve Wilkerson v. Wyeth (03-20298) AND NOW, this 3rd day of November, 2005, upon consideration
of Wyeth’s motion for an extension of time, it is hereby ORDERED
that Wyeth shall be permitted an extension of time up to and
including November 22, 2005, to file a response to the Motion of
the Law Firm of K. Stephen Jackson, P.C. to Withdraw as Counsel for
Plaintiff Brian Galloway, electronically filed on October 17,
2005. | 11-3-2005 | 5833 | Re: Sheila Brown v. AHP (99-20593) claimants: Cheryl E.
Dailey, Nancy I. Graves, Mary W. Holmes, Susan B. Little, Michelle
Mallinson, Joyce Maudie, Juradean Neal & Margaret A. Wood 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. | 11-3-2005 | 5834 | Re: Celia B. Peters v. Wyeth (04-23400) Plaintiff Celia B. Peters 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 Celia B. Peters and
Defendant Wyeth stipulate to the dismissal with prejudice of
Plaintiff Celia B. Peters’ 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. | 11-3-2005 | 5835 | Re: Tammy Walton v. AhP (03-20268) AND NOW, this 3rd day of November, 2005, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 25(a)(1), that the Motion for Substitution of
Michael James Walton, Personal Representative of the Estate of
Tammy B. Walton, for Plaintiff Tammy Walton, Decedent, is GRANTED
and that this proceeding hereafter be captioned "Michael James
Walton, individually and Michael James Walton as Personal
Representative of the Estate of Tammy Walton, and Harley Brashier,
minor and Cory Brashier, minor, by and through their legal Guardian
Michael James Walton, Plaintiffs v. AHP, Wyeth-Ayerst Laboratories
Division of AHP, Wyeth-Ayerst Pharmaceuticals, Inc. and
Wyeth-Ayerst International, Inc., Defendants". | 11-3-2005 | 5836 | Re: Colleen James v. AHP (03-20182) AND NOW, this 3rd day of November, 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, with respect to Plaintiff Danny Jackson, is
hereby dismissed without prejudice as to Defendants AHP,
Wyeth-Ayerst Laboratories Company, and A.H. Robins Company, Inc.,
and with prejudice to all other named Defendants, with each party
to bear its own costs and counsel fees. The claims of Plaintiff
Colleen James are unaffected by this dismissal and remain
pending. This Stipulation is filed on behalf of Plaintiff Danny
Jackson and all named Defendants, who have answered. This
Stipulation does not affect any rights that Plaintiff may have
under the Nationwide Class Action Settlement Agreement for diet
drugs. | 11-3-2005 | 5837 | Re: Sheila Brown v. AHP (99-20593) THIS MATTER having come before the Court on the motion of
Claimant Patrica Oryall, by and through her counsel, Charles F.
Abbott, and good cause having shown; IT IS HEREBY ORDERED that Claimant Patrice Oryall be
permitted to submit her election for re-audit, nunc pro tunc,
including her original signature, to AHP settlement Trust on or
before November 10, 2005. | 11-4-2005 | 5838 | Re: Sheila Brown (99-20593), Eula Artison (05-25209), Judy
Easley (05-04123), Genevieve Kosten (05-04122) & Constance
Farmer (05-04121) v. Wyeth AND NOW, this 4th day of November, 2005, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED that
motion of Wyeth for an injunction as to class members’ collateral
suits against Wyeth and Trustees of the AHP Settlement Trust is
hereby GRANTED. Plaintiffs, their agents, attorneys, and derivative
claimants are ENJOINED from pursuing their complaints and
prosecuting the following cases: Eula Artison, Judy Easley,
Genevieve Kosten & Constance Farmer. | 11-4-2005 | 5839 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 4th day of November, 2005, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The motions of the following claimants for an extension
of time to obtain an echocardiogram through the Screening Program
is DENIED: L.C.B.; R.B.; V.B.; S.R.; V.L.B.; P.A.H.; F.L.W.;
N.J.C.; B.A.; and M.K.K.; 2. The Trust shall accept echocardiograms from the
following claimants, provided they are submitted within 30 days
from the date of this order: D.H.; P.K.; P.E.; and M.C.; 3. The motion of S.C. for an extension of 60 days to obtain
an echocardiogram through the Screening Program is GRANTED; 4. D.S. shall have 30 days from the date of this Order to
supply to the Trust a verifiable pharmacy address; and 5. The Trust shall obtain a copy of the echocardiogram of
L.L.R. | 11-7-2005 | 5840 | Re: Mary Bennett, Gloria Constas, Jacquelyn Duke, Maritza
Hernandez, Kelly Hustis, Carol Jendreas, Kathy Krauss, Kelly
Mercado, Madeline Milhollon, Virginia Mora, Martha Peterson, Shara
Presidio, Lisa Robertson, Gabriela Romero, Diane Salvi, Norma
Sandoval, James Seymour, Michelle Shea, Barbara Swinburn, Joanna
Testa, Renee Townsend, Nina Ware, Lydia Waters & LaFondra
Williams v. Wyeth It is hereby STIPULATED and AGREED between plaintiffs and
Wyeth through their counsel, that Wyeth shall have until November
18, 2005. to file and serve a reply to Plaintiffs’ Response to
Wyeth’s Motion to Dismiss for Failure to Designate Case-Specific
Experts. This extension is for a period of less than 30 days, and is
made in order to facilitate settlement negotiations. | 11-8-2005 | 5841 | Re: Sheila Brown v. AHP (99-20593) Claimants: Sheila R.
Brown, Marjorie H. Gendreau, Estate of Charlene Majurski, Terry
Rossell, Mary M. Ruiz, Lucy T. Salarizadeh, & Estate of Nanette
Talbott 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. | 11-10-2005 | 5842 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 10th day of November, 2005, upon
consideration of Class Counsel’s Motion on behalf of Fund
Administrator for Court Approval of Sixth Authorization
Application, the attached Sixth 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 the expenses, fees and costs itemized in the attached
Sixth 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 July 16, 2005 to September 17,
2005 pursuant to its sixth invoice, in the amount of
$975,712.04; 2. Payment of invoices of the members of the MRCC as
follows: a. Gregg J. Reis, M.D. July and August ‘05 $20,000.00 b. Dean G. Karalis, M.D. July and August ‘05
$23,500.00 c. Frank Silvestry, M.D. July and August ‘05
$20,000.00 3. Additional funding of the QCC/Participation Physician
Expense Fund in the amount of : $2,568,500.00 | 11-10-2005 | 5843 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 10th day of November, 2005, upon
consideration of the AHP Settlement trust’s Motion for Extension of
Time to File a Response to "Claimants’ Motion to Remove Dr. Joseph
Kisslo and Cross Motion for Removal of Dr. John Dent and Other
Tainted Auditing Cardiologists from Involvement with the Trust and
Audits of Claims and Other Relief," filed by Aylstock, Witkin &
Sasser PLC on October 25, 2005 ("Claimants’ Motion"), it is hereby
ORDERED that The AHP Settlement Trust shall be permitted an
extension of time up to and including November 14, 2005 to file a
response to Claimants’ Motion. | 11-10-2005 | 5844 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 10th day of November, 2005, upon
consideration of Wyeth’s Motion for an extension of time, and the
AHP Settlement Trust’s Joinder thereto, it is hereby ORDERED that
the AHP Settlement Trust shall be permitted an extension of time up
to and including November 14, 2005 to file a response to Class
Counsel’s Disclosures and Requests for Instructions with Respect to
the Integrity of the Audit System, filed September 28, 2005, and to
Claimants’ Joinder in the Removal of Dr. Joseph Kisslo and Cross
Motion for Removal and Disqualification of Dr. John Dent, the
Twenty Tainted Auditing Cardiologists from Involvement with the
Trust and Audits of Claims, for Re-Audit of All Audit Denials Under
the National Class Action Settlement Agreement with AHP and for a
New Seventh Amendment Opt Out Right for Those who Previously Opted
Into the Seventh Amendment , filed October 12, 2005. | 11-15-2005 | 5845 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 15th day of November, 2005, upon
consideration of the Motion for Leave to File a Memorandum On
Behalf of the AHP Settlement Trust in Response to Hariton and
Napoli’s Memorandum in Opposition to Wyeth’s Motion to Deny Claims
for Settlement Benefits, it is hereby ORDERED AND DECREED that the
motion is GRANTED and the Memorandum of the AHP Settlement Trust
attached to said motion is deemed FILED. | 11-15-2005 | 5846 | Re: Sheila Brown v. AHP (99-20593) claimants: Estate of
Horace G. Alexander, Gayle Stover & Eli Tatarsky 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. | 11-15-2005 | 5847 | Re: Sheila Brown v. AHP (99-20593) claimants: Jean C.
Bailey, Mary K. Bigelow, Barbara Carter, Lovanda J. Conley, Laura
L. Cupery, Meridene Hanks, Roberta J. Huebner, Helen R. Kirkpatrick
& Toni Simmons 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. | 11-15-2005 | 5848 | Re: Sheila Brown v. AHP (99-20593) It is hereby STIPULATED and AGREED by and between Deryl
King, Administrator of the Estate of Kimberly King, and Defendant
Wyeth, through their respective undersigned counsel, that Wyeth
shall have an extension of time up to and including November 21,
2005 to respond to the Motion of Deryl King as Administrator of the
Estate of Kimberly King to Opt Out of the Class of Plaintiffs
Represented in this Lawsuit. This extension is for a period of less than thirty (30)
days. No prior extension has been requested or given in this
matter. | 11-15-2005 | 5849 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 15th day of November, 2005, upon
consideration of Wyeth’s Motion for an extension of time, it is
hereby ORDERED that Wyeth shall be permitted an extension of time
up to and including November 28, 2005, to file a reply in support
of its motion to establish a procedure relating to possible
medicare claims, filed September 28, 2005, and that Wyeth and the
AHP Settlement Trust shall each be permitted an extension of time
up to and including November 28, 2005, to file a response to Class
Counsel’s Disclosures and Request for Instructions with Respect to
the Integrity of the Audit System, filed September 28, 2005 | 11-16-2005 | 5850 | 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 Claims; WHEREAS, Pretrial Order 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, during the preceding month, Wyeth designated the
claims set forth on schedule 1 hereto as payable at he benefit
levels and amounts set forth therein. NOW, THEREFORE, this 16th day of November, 2005, upon
consideration of the Tenth Motion of the AHP Settlement Trust to
Pay Claims Designated as Payable by Wyeth Pursuant to Pretrial
Order 3882 (the "Motion"), 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 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. | 11-17-2005 | 5851 | Re: Capshaw Goss Bowers cases listed on exhibit A AND NOW TO WIT: this 17th day of November, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 11-17-2005 | 5852 | Re: Schmidt Law Firm Cases Listed on Exhibit A (Ramona Lea
Reeves & Rickey Don Smith) AND NOW TO WIT: this 17th day of November, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 11-17-2005 | 5853 | Re: Charles H. Johnson & Associates Cases Listed on
Exhibit A (Donna Messerli) AND NOW TO WIT: this 17th day of November, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 11-21-2005 | 5854 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 21st day of November, 2005, upon
consideration of the Stipulation for Extension of Time to Respond
to the Carey & Danis Cross Motion Pursuant to Local Civil Rule
7.4, made by the AHP Settlement Trust (the "Trust") and claimants
represented by Carey & Danis, L.L.C., by and through their
counsel, it is hereby ORDERED that the stipulation is APPROVED and
the extension of time to respond is GRANTED. The Trust shall have an additional ten(10) days, up to and
including November 28, 2005, to respond to the Notice of Joinder in
Part and Memorandum of Facts and Law in Support of "Claimants’
Motion to Remove Dr. Kisslo and Dr. John Dent and Request for Other
Relief" and Cross Motion for a Change in the Burden of Proof in the
Show Cause Process and Other Relief as Stated Herein (the "Carey
& Danis Cross Motion"). | 11-21-2005 | 5855 | Re: All Actions AND NOW, this 21st day of November, 2005, upon
consideration of the Escrow Agent’s Twenty-Second Petition for
Release of Funds from the MLD 1203 Fee and Cost Account to Pay
Refunds, submitted under seal, it is hereby ORDERED that said
petition is granted and Pretrial Order No. 5855(a) shall be filed
under seal. | 11-22-2005 | 5856 | Re: All Actions AND NOW, TO WIT, this 22nd day of November, 2005, upon
consideration of the Fifty-Ninth Application by Special Master to
the AHP Settlement Trust for Interim Compensation and Reimbursement
of Expenses (9/28/05 through 10/31/05), 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 $273,623.31 for the
period from 09/28/05 through 10/31/05, in accordance with the
procedure established by the Court. | 11-22-2005 | 5857 | Re: All Actions AND NOW, TO WIT, this 22nd Day of November, 2005, upon
consideration of the Sixty-Fifth Application by Escrow Agent for
Interim Compensation and Reimbursement of Expenses (9/28/05 through
10/31/05), 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 for legal fees in the
amount of $3,617.60 for the period from (9/28/05 through 10/31/05),
in accordance with the procedure established by the Court. | 11-22-2005 | 5858 | Re: All Actions AND NOW, TO WIT, this 22nd day of November, 2005, upon
consideration of the Ninety-First Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expenses
(9/28/05 through 10/31/05), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that parties
reimburse the Special Discovery Master for disbursements and
compensation for legal fees in the amount of $75,405.80 for the
period from 9/28/05 through 10/31/05, in accordance with the
procedure established by the Court. | 11-22-2005 | 5859 | Re: All Actions AND NOW, TO WIT, this 22nd day of November, 2005, upon
consideration of the Forty-Third Application by Special Master for
Interim Compensation and Reimbursement of Expenses Relating to
Pretrial Order No. 2383 (9/28/05 through 10/31/05), 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 $4,715.00 for the
period from 9/28/05 through 10/31/05, in accordance with the
procedure established by the Court. | 11-22-2005 | 5860 | Re: Sheila Brown (99-20593) v. AHP & Beverly "Kim"
Tilmon (03-39220) v. Wyeth IT IS HEREBY ORDERED that Class Member Beverly "Kim"
Tilmon’s Motion for Extension of Time to Respond to Wyeth Motion
Pursuant to PTO 2383 is GRANTED. Class Member Beverly "Kim" Tilmon’s response to Wyeth’s
Motion Pursuant to PTO 2383 is now due on Friday, December 2,
2005. | 11-22-2005 | 5861 | 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 Seventy-Three Thousand Four Hundred Thirty-Three Dollars
and Sixty-Two Cents to the PMC Fen-Phen Litigation Account, by wire
transfer. | 11-28-2005 | 5862 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 28th day of November, 2005, upon
consideration of the joint motion of Class Counsel, the Trust and
Wyeth for an extension of time, it is hereby ORDERED that the Trust
and Wyeth shall each be permitted an extension of time up to and
including December 5, 2005, to file a response to Class Counsel’s
Disclosures and Requests for Instructions with Respect to the
Integrity of the Audit System, and that Wyeth shall be permitted an
extension of time up to and including December 5, 2005, to file a
reply in support of its Motion to Establish a Procedure Relating to
Possible Medicare Claims, both of which were filed September 28,
2005. | 11-28-2005 | 5863 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 28th day of November, 2005, upon
consideration of the Stipulation for Extension of time to Respond
to the Carey & Danis Screening Program Notification Motion
Pursuant to Local Civil Rule 7.4, made by the AHP Settlement Trust
(the "Trust") and claimants represented by Carey & Danis,
L.L.C., by and through their counsel, it is hereby ORDERED that the
stipulation is APPROVED and the extension of time to respond is
GRANTED. The Trust shall have an additional fourteen (14) days, up
to and including the December 9, 2005, to respond to the Motion to
Require the Trust in its Role as Fiduciary and in the Interests of
Public Safety to Notify and Warn all Claimants Tested By A
Screening Program Cardiologist That Has Subsequently Been found to
Have Attested to a Diagnosis That Has "No Reasonable Medical Basis"
and Other Relief Stated Herein Herein. | 11-29-2005 | 5864 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 29th day of November, 2005, upon
consideration of the AHP Settlement Trust’s Motion to Exceed Page
Limitation in connection with the Trust’s Opposition to Carey &
Danis Claimants’ Cross Motion for a Change in the Burden of Proof
in the Show Cause Process and Other Relief as Stated Herein (the
"Carey & Danis Cross Motion"), it is hereby ORDERED that the
Trust’s motion is GRANTED. The Trust may exceed 25 pages for
purposes of its opposition to the Carey & Danis Cross Motion,
and may file a supporting brief not to exceed 41 pages. | | | 5865 | FILED UNDER SEAL - NO COPY FROM THE COURT! | 12-2-2005 | 5866 | Re: Gulas & Stuckey Cases Listed on Exhibit A AND NOW TO WIT: This 2nd day of December 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 12-2-2005 | 5867 | Re: Glick Law Firm Cases Listed on Exhibit A AND NOW TO WIT: This 2nd day of December 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 12-5-2005 | 5868 | RE: Sheila Brown v. AHP (99-20593) IT IS HEREBY, ORDERED, ADJUDGED AND DECREED, that Lukins
& Annis, P.S. Claimants’ Motion to Join the Cross Motion for a
Change in the Burden of Proof in the Show Cause Process is hereby
GRANTED. | 12-5-2005 | 5869 | Re: Larry Russell v. Wyeth (04-20095) AND NOW, this 5th day of December, 2005, it is hereby
ORDERED that: 1. Pretrial Order No. 5455 is vacated solely as it relates
to the claims of Jean M. Wikene in Larry Russell v. Wyeth 04-20095;
and 2. The claims of Jean M. Wikene are reinstated for the
reason that this plaintiff refiled as CIV.A. No. 05-23096. | 12-5-2005 | 5870 | Re: All Actions - FILED UNDER SEAL AND NOW, December 5, 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 to make payment on invoices
totaling Forty-One Thousand Fifty-Eight Dollars and Ninety-Nine
Cents ($41,058.99) to the PMC Fen-Phen Litigation Account by wire
transfer. | 12-5-2005 | 5871 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 5th day of December, 2005, upon consideration
of the Stipulation between Claimant Leola Haden and the AHP
Settlement trust attached hereto, it is hereby ORDERED that the
Stipulation is hereby approved, the Order to Show Cause regarding
Claimant Leola’s Green Form submitted to the AHP Settlement Trust
on October 23, 2003 based on Claimant’s December 8, 2002
echocardiogram, is discontinued, and Pretrial Order No. 5240, as it
pertains to Claimant Leola Haden, is vacated. | 12-5-2005 | 5872 | Re: AND NOW, this 5th day of December, 2005, upon
consideration of the Stipulation for Extension of Time to Reply to
the AHP Settlement Trust’s Response Pursuant to Local Civil Rule
7.4, made by the AHP Settlement Trust and the claimants represented
by Carey & Danis, LLC, by and through their counsel, it is
hereby ORDERED that the stipulation is APPROVED and the extension
of time to reply is GRANTED. Carey & Danis, LLC shall have an extension up to and
including December 18, 2005 to file a Reply to the AHP Settlement
Trust’s Response in Opposition to the Carey & Danis Claimants’
Cross Motion for a Change in the Burden of Proof in the Show Cause
Process and Other Relief. | 12-5-2005 | 5873 | Re: Jeanne Conklin v. Wyeth (05-20139) Plaintiff in the above-referenced case and Defendant Wyeth,
through its respective counsel, enters 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 Steven M. Bowen, M.D. 2. Therefore, it is agreed between Plaintiff and Wyeth that
Steven E. Bowen, M.D. may be dismissed at this time. This Stipulation is filed on behalf of Plaintiff, Jeanne
Conklin, Defendant, Wyeth and Defendant Seteven E. Bowen, M.D., the
only defendants who have appeared in this action to date. | 12-5-2005 | 5874 | Re: Tama Kimbrough, Lynn Mason, Doreen LaFrentz & Vicki
Stanfill v. Wyeth (05-20228) COME NOW plaintiffs, Doreen LaFrentz, et al., by and
through their counsel David G. Meany, Esq. of the law firm of White
Meany & Weatherall, LLP; and Defendant, Warren L. Smith, M.D.,
by and through his counsel, attorney Cherly D. Horner, Esq., of the
law firm of Mayor & Horner, LTD.; and Stipulate and Agree as
follows: All claims (whether actual or potential) by the Plaintiffs,
Doreen LaFrentz, et al., against Warren L. Smith, M.D., shall be
dismissed from this case with prejudice. IT IS FURTHER STIPULATED AND AGREED that each party shall
bear his/her own costs and fees. IT IS FURTHER STIPULATED that this stipulation and
agreement pertains to Defendant, Warren L. Smith, M.D., only.
Nothing in this stipulation shall prevent Plaintiffs from pursing
their claims against the remaining Defendanmt(s) in this
case. | 12-5-2005 | 5875 | Re: Mary Ann Scofield V. Wyeth (05-20446) Plaintiff Mary Ann Scoffield, pursuant to Federal Rule of
Civil Procedure 41, agrees to Dismiss all of her claims against
Defendant Eon Labs, Inc. This dismissal is agreed to by all parties
who have answered this action, evidence by their signatures. This
dismissal does not affect Plaintiff’s claims against any other
Defendant. Plaintiff and Eon Labs, Inc. further agree to bear their
own costs of court. | 12-5-2005 | 5876 | Re: Maralene R. Anderson v. Wyeth (04-20198) Plaintiff Marlene R. Anderson 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 Maralene R.
Anderson and Defendant Wyeth stipulate to the dismissal with
prejudice of Plaintiff Maralene R. Anderson’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. | 12-5-2005 | 5877 | Re: Joe A. Munoz v. Weyth and Dr. Lewis R. Gottlieb
(05-25702) Plaintiff Joe A. Munoz advises the Court that she wishes to
dismiss his claims and causes of action as to Defendant Wyeth and
Dr. Lewis R. Gottlieb in this styled and numbered case only, with
prejudice. Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of
Civil Procedure, Plaintiff Joe A. Munoz and Defendants Wyeth and
Dr. Lewis R. Gottlieb stipulate to the dismissal with prejudice of
Plaintiff Joe A. Munoz’ claims as to Defendants Wyeth and Dr. Lewis
R. Gottlieb. 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. | 12-5-2005 | 5878 | Re: Denise M. Porter v. Wyeth (05-22052) Plaintiff Denise M. Porter 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 Denise M. Porter
and Defendant Wyeth stipulate to the dismissal with prejudice of
Plaintiff Denise M. Porter’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 Wyet. | 12-5-2005 | 5879 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 5th day of December, 2005, upon consideration
of the joint motion of class counsel, the Trust and Wyeth for
further extension of time, it is hereby ORDERED that the Trust and
Wyeth shall each be permitted an extension of time up to and
including December 7, 2005, to file a response to Class Counsel’s
Disclosures and Request for Instructions With Respect to the
Integrity of the Audit System, and that Wyeth shall be permitted an
extension of time up to and including December 7, 2005, to file a
reply in support of its motion to establish a procedure relating to
a possible medicare claims, both of which were filed September 28,
2005. | 12-6-2005 | 5880 | Re: Provost & Umphrey Cases Listed on Exhibits A and
B AND NOW TO WIT: This 6th day f December, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 12-6-2005 | 5881 | Re: McGartland & Borchardt Cases Listed on Exhibits A
and B AND NOW TO WIT: This 6th day f December, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 12-8-2005 | 5882 | Re: Baron & Budd, P.C. Cases Listed on Exhibits A and
B AND NOW TO WIT: This 6th day f December, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 12-9-2005 | 5883 | Re: Carolyn Hunter v. Wyeth (04-21668) AND NOW, this 9th day of December, 2005, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED that
the motions of plaintiff Maria D. Sanchez for leave to file a
severed and amended complaint and for reconsideration and relief
from judgement are both DENIED. | 12-9-2005 | 5884 | Re: Sheila Brown v. AHP (99-20593) IT IS HEREBY ORDERED that Wyeth’s motion for permission to
file a surreply in opposition to rule 60(b) motion is hereby
GRANTED and that the surreply attached to Wyeth’s motion is hereby
deemed to be FILED. | 12-9-2005 | 5885 | Re: Sheila Brown v. AHP (99-20593) Class member Patricia R.
Toner And now this 9th day of December, 2005, upon consideration
of the Stipulation among the parties regarding Class Member
identified above who received a Technical Advisor’s Report
determining that the Class Member’s Matrix Claim was payable, and
no objections having been filed to the content of the Technical
Advisor’s Report, it is hereby ORDERED that the Stipulation is
hereby approved, the Class Member’s Matrix Claim shall not be
referred to the Court for determination under Section VI.O through
Section VI.Q of the policies and procedures for Audit and
Disposition of Matrix Compensation Claims in Audit (approved in
Pretrial Order No. 2457), and the AHP Settlement Trust shall
process and pay the Class Member’s Matrix Claim in accordance with
the Settlement Agreement and the Technical Advisor’s Report. | 12-9-2005 | 5886 | Re: Sheila Brown v. AHP (99-20593) claimants: Linda F.
Barnes, Kristi L. Kuyrkendall, Bert Levine, Robbie Saxton &
Brenda Spiker 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. | 12-9-2005 | 5887 | Re: Sheila Brown v. AHP (99-20593) claimants: Chastity
Florence, Mary L. Hagen, Myra J. Hilton, Donna S. McCarty, Brenda
B. Ollis, Christine Putz & Robin Withrow 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. | 12-9-2005 | 5888 | Re: Frances Monthieth v. Wyeth (04-26862) AND NOW, this 9th day of December, 2005, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED that
the motions of plaintiffs Frances Montieth, Janet Andry and Willer
Lindsey for leave to file severed and amended complaints and for
reconsideration and relief from judgment are DENIED. | 12-9-2005 | 5889 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 9th day of December, 2005, the court having
reviewed the revised procedures for the Eighth Amendment Mediation
Program ("Mediation Procedures") attached hereto as Exhibit "A," it
is hereby ORDERED that any comments or objections to the Mediation
Procedures shall be filed with the court on or before December 20,
2005. | 12-14-2005 | 5890 | Re: Williamson Law Firm Cases Listed on Exhibits A and
B AND NOW TO WIT: this 14th day of December, 2005, it having
been advised that all claims between the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 12-14-2005 | 5891 | Re: Dotti A. Yates v. Wyeth (04-22261) Plaintiff Dotti A. Yates 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 Dotti A. Yates and
Defendant Wyeth stipulate to the dismissal without prejudice of
Plaintiff Dotti A. 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. | 12-14-2005 | 5892 | Re: Judy Romans v. Wyeth (05-20147) Plaintiff in the above-referenced case and defendant Wyeth,
through its 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 ORDWAY DRUGS. 2. Therefore, it is agreed between Plaintiff and Wyeth that
ORDWAY DRUGS may be dismissed at this time. AND NOW, this 14th day of December, 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
ORDWAY DRUGS only. This Stipulation is filed on behalf of Plaintiff JUDY
ROMANS, Defendant WYETH and Defendant ORDWAY DRUGS, the only
defendants who have appeared in this action to date. | 12-15-2005 | 5893 | Re: Deal, Cooper & Holton, P.L.L.C. Cases Listed on
Exhibits A and B AND NOW TO WIT: This 15th day of December, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 12-19-2005 | 5894 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 19th day of December, 2005, it is hereby
ORDERED that the motion of Wyeth to deny claims for settlement
benefits submitted by Napoli/Hariton is DENIED without
prejudice. | 12-19-2005 | 5895 | Re: Kline & Specter Cases Listed on Exhibit A AND NOW TO WIT: This 19th day of December, 2005, it having
been advised that all claims between tall the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 12-19-2005 | 5896 | Re: Martin & Jones cases listed on Exhibit A AND NOW TO WIT: This 19th day of December, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 12-19-2005 | 5897 | Re: Susman Godfrey, L.L.P. Cases listed on Exhibits A and
B AND NOW TO WIT: This 19th day of December, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 12-19-2005 | 5898 | 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 Claims; WHEREAS, Pretrial Order 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, during the preceding month, Wyeth designated the
claims set forth on Schedule 1 hereto as Payable at the benefit
levels and amounts set forth therein. NOW, THEREFORE, this 19th day of December, upon
consideration of the Eleventh Motion of the AHP Settlement Trust to
Pay Claims Designated as Payable by Wyeth Pursuant to Pretrial
Order No. 3882 (the "Motion"), 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 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. | 12-19-2005 | 5899 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 19th day of December, 2005, upon
consideration of the Stipulation for extension of Time to Reply to
the AHP Settlement Trust’s Response Pursuant to Local Civil Rule
7.4, made by the AHP Settlement Trust and the claimants represented
by Carey & Danis, LLC, by and through their counsel, it is
hereby ORDERED that the stipulation is APPROVED and the extension
of time to reply is GRANTED. Carey & Danis, LLC Shall have an extension of time up
to and including December 23, 2005 to file a Reply to the AHP
Settlement Trust’s Response in Opposition to the Carey & Danis
Claimants’ Cross Motion for a Change in the Burden of Proof in the
Show Cause Process and Other Relief. | 12-20-2005 | 5900 | Re: Shannon Law Firm Cases Listed on Exhibit A AND NOW TO WIT: This 20th day of December, 2005 it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 actions
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 12-21-2005 | 5901 | Re: Sheila Brown v. AHP (99-20593) (Joint Stipulation regarding Matrix A payment of claim with
substantial compliance with Court Approved Procedure 4 (Medical
Records CAP) It is hereby STIPULATED and AGREED by and between Class
Counsel and Wyeth as follows: 1. Pursuant to Pretrial Order 3882, Class Counsel and Wyeth
processed the claim for Vickie Tobey (DDR Number 875815) in the
Parallel Processing Program ("PPP"). 2. Pursuant to Paragraph 8(a) of Pretrial Order 3882, Class
Counsel and Wyeth determined that he Class Member submitted
sufficient medical evidence to support qualification for Matrix A
benefits for this Claim, and that no medical records deficiency
existed that was material to making a determination as to whether
the Claim qualified for Matrix A benefits. 3. Pursuant to Paragraph 8(a) of Pretrial Order 3882, Class
Counsel and Wyeth agree that the medical records supplied by the
Class Members in support of her request that she recover Matrix A
benefits are adequate to satisfy the intent of Court Approved
Procedure 4 (Medical Records CAP). 4. Pursuant to Pretrial Order 5850 the Court approved a
Matrix A benefits payment of this claim subject to Court approval
of a Stipulation reflecting the Class Member’s entitlement to
Matrix A benefits and whether her submissions were sufficient for
making a Matrix A benefit determination on her Claim. 5. Class Counsel and Wyeth stipulate that upon Court
approval of this Stipulation by the entry of the proposed Order,
that the AHP Settlement Trust shall pay Matrix A benefits to this
Class Member. | 12-21-2005 | 5902 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 21st day of December, 2005, upon
consideration of Class Counsel’s Motion on Behalf of Fund
Administrator for Court Approval of Seventh Authorization
Application, the attached Seventh 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 American Home Products Corporation,
shall release funds held in escrow pursuant to the terms of the
Seventh Amendment for the payment of the expenses, fees and costs
itemized in the attached Seventh 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 September 17, 2005 to November 15,
2005 pursuant to its seventh invoice, in the amount of:
$865,338.16; 2. Payment of invoices of the members of the MRCC as
follows: a. Gregg J. Reis, M.D. September & October ‘05
$28,500.00 b. Dean G. Karalis, M.D. September & October ‘05
$31,500.00 c. Frank Silvestry, M.D. September & October ‘05
$39,000.00 | 12-22-2005 | 5903 | Re: Sheila Brown v. AHP (99-20593) AND NOW, on this 22nd day of December, 2005, upon
consideration of the Stipulation for Extension of Time to reply to
the AHP Settlement Trust’s Response in Opposition to the Carey
& Danis Claimants’ Motion to Require the Trust to Notify and
Warn all Claimants Tested by a Screening Program Cardiologist Who
has been Found to have Attested to a Diagnosis that has "No
Reasonable Medical Basis" and Other Relief pursuant to Local Civil
Rule 7.4, made by the AHP Settlement Trust and the claimants
represented by Carey & Danis, LLC, by and through their
counsel, it is hereby ORDERED that the stipulation is APPROVED and
the extension of time to reply is GRANTED. Carey & Danis, LLC shall have an extension of time up
to and including December 30, 2005 to file a Reply. | 12-22-2005 | 5904 | Re: Sheila Brown v. AHP (99-20593) Joint Stipulation regarding Matrix A payment of claims with
substantial compliance with Court Approved procedure 4 (medical
records CAP) It is hereby STIPULATED and AGREED by and between Class
Counsel and Wyeth as follows: 1. Pursuant to Pretrial Order No. 3882, Class Counsel and
Wyeth processed the claim for Bobbie J. Kimberly (DDR No. 8012602)
in the Parallel Processing Program ("PPP"). 2. Pursuant to Paragraph 8(a) of Pretrial Order 3882, Class
Counsel and Wyeth determined that the Class Member submitted
sufficient medical evidence to support qualification for Matrix A
benefits for this Claim, and that no medical records deficiency
existed that was material to making a determination as to whether
the Claim qualified for Matrix A benefits. 3. Pursuant to Paragraph 8(a) of Pretrial Order 3882, Class
Counsel and Wyeth agree that the medical records supplied by the
Class Member in support of her request that she recover Matrix A
benefits are adequate to satisfy the intent of Court Approved
Procedure 4 (Medical Records CAP). 4. Pursuant to Pretrial Order No. 5898 the Court approved a
Matrix A Benefit payment of this Claim subject to Court approval of
a Stipulation reflection g the Class Members’s entitlement to
Matrix A benefits and whether her submissions were suffici9ent for
making a Matrix A benefit determination on her Claim. 5. Class Counsel and Wyeth stipulate that upon Court
approval of this Stipulation by the entry of the proposed Order,
that the AHP Settlement Trust shall pay Matrix A benefits to this
Class Member. | 12-22-2005 | 5905 | Re: Sheila Brown v. AHP (99-20593) AND NOW, on this 22nd day of December, 2005, upon
consideration of the Stipulation for Extension of Time to Reply to
the Joint Motion of Class Counsel, the AHP Settlement Trust, and
Wyeth for Entry of Court Approved Procedures Governing the Audit of
Matrix Claims and the Re-Audit of Certain Claims pursuant to Local
Civil Rule 7.4, made by the Class Counsel, the AHP Settlement
trust, Wyeth and the claimants represented by Carey & Danis,
LLC, by and through their counsel, it is hereby ORDERED that the
stipulation is APPROVED and the extension of time to reply is
GRANTED. Carey & Danis, LLC shall have an extension of time up
to and including January 6, 2006 to file a Response to the Joint
Motion of Class counsel, the AHP Settlement Trust, and Wyeth for
Entry of Court Approved Procedures Governing the Audit of Matrix
Claims and the Re-Audit of Certain Claims. | 12-22-2005 | 5906 | Re: Levin Papantonio Thomas Mitchell Echsner & Proctor,
P.A. Cases Listed on Exhibits A and B AND NOW TO WIT: This 22nd day of December, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 12-22-2005 | 5907 | Re: Sheila Morales v. Wyeth (04-24044) AND NOW, this 22nd day of December, 2005, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED that
the motions of plaintiffs for leave to file severed and amended
complaints for reconsideration and relief from judgment are
DENIED. | 12-23-2005 | 5908 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 23rd day of December, 2005, it is hereby
ORDERED THAT Wyeth’s Motion for an Extension of Time to Respond to
the Carey & Danis Motion to Require the Trust in its Role as a
Fiduciary and in the Interests of Public Safety to Notify all
Claimants tested by a Screening Program Cardiologist that has
Subsequently been Found to have Attested to a Diagnosis that has
"No Reasonable Medical Basis" and Other Relief Stated Therein is
hereby GRANTED. It is ORDERED that Wyeth shall be permitted an
extension of time up to and including January 15, 2006 to file its
response to said Motion. | 12-23-2005 | 5909 | Re: Alesia Cotton v. Wyeth (04-22909) AND NOW, this 23rd day of December, 2005, it is hereby
ORDERED that: 1. Pretrial Order No. 5448 (E.D. Pa. July 7, 2005) is
vacated solely as it relates to the claims of Rebecca C. MacCormack
(a/k/a Rebecca C. MacCornack) in Alesia Cotton, et al. v. Wyeth, et
al., CIV.A. No. 04-22909 (E.D. Pa.); and 2. The claims of Rebecca MacCormack (a/k/a Rebecca C.
MacCornack) are reinstated for the reason that this plaintiff
refiled as CIV.A. No. 05-23488 (E.D. Pa. May 16, 2005). | 12-20-2005 | 5910 | Re: Sheila Brown, Sharon Gaddie, Vivian Naugle, Quintin
Layer, and Joby Jackson-Reid v. AHP (99-20593) IT IS HEREBY STIPULATED AND AGREED by and between the
undersigned counsel for the parties hereto, that the time for the
Class Members represented by Napoli Bern & Associates, LLP and
Hariton & D’Angelo, LLP to respond to: 1. The Joint Motion for Wyeth and Class Counsel for the
Entry of an Agreed Upon Procedure Relating to the Processing of
Medicare Covered Claims; and 2. The Joint Motion of Class Counsel, the AHP Settlement
Trust, and Wyeth for Entry of Court Approved Procedures Governing
the Audit of Matrix Claims and the Re-Audit of Matrix Claims, both motions having been filed and served by the movants on
December 7, 2005 shall be and hereby is extended to January 6,
2006. | 12-23-2005 | 5911 | Re: Bush Lewis, P.L.L.C. Cases Listed on Exhibits A and
B AND NOW TO WIT: This 23rd day of December, 2005, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibits A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 12-29-2005 | 5912 | Re: All Actions AND NOW, TO WIT, this 29th day of December, 2005, upon
consideration of the Sixtieth Application by Special Master to the
AHP Settlement Trust for Interim Compensation and Reimbursement of
Expenses (11/1/05 through 11/30/05), 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 $207,031.27 for the
period from 11/01/05 through 11/30/05, in accordance with the
procedure established by the Court. | 12-29-2005 | 5913 | Re: All Actions AND NOW, TO WIT, this 29th day of December, 2005, upon
consideration of the Ninety-Second Application by Special Discovery
master for Interim Compensation and Reimbursement of Expenses
(11/1/05 through 11/30/005), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that the parties
reimburse the Special Discovery Master for disbursements and
compensation for legal fees in the amount of $55,850.05 for the
period from 11/1/05 through 11/30/05, in accordance with the
procedure established by the Court. | 12-29-2005 | 5914 | Re: All Actions AND NOW, TO WIT, this 29th day of December, 2005, upon
consideration of the Sixty-Sixth Application by Escrow Agent for
Interim Compensation and Reimbursement of Expenses (11/1/05 through
11/30/05), 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 for legal fees in the
amount of $5,6898.50 for the period from (11/1/05 through
11/30/05), in accordance with the procedure established by the
Court. | 12-29-2005 | 5915 | Re: All Actions AND NOW, TO WIT, this 29th day of December, 2005, upon
consideration of the Forty-Fourth Application by Special Master for
Interim Compensation and Reimbursement of Expenses Relating to
Pretrial Order No. 2383 (11/1/05 through 11/30/05), 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 $5,395.17 for the
period from 11/1/05 through 11/30/05, in accordance with the
procedure established by the Court. | 12-29-2005 | 5916 | Re: Sheila Brown v. AHP (99-20593) WHEREAS, Pretrial Order 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
High Level Claims; WHEREAS, Pretrial Order 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, during the preceding month, Wyeth designated the
claims set forth on Schedule 1 hereto as Payable at the benefit
levels and amounts set forth therein. NOW, THEREFORE, this 29th day of December, 2005, upon
consideration of the Twelfth Motion of the AHP Settlement Trust to
Pay Claims Designated as Payable by Wyeth Pursuant to Pretrial
Order 3882 (the "Motion"), 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 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. | 12-29-2005 | 5917 | Re: Sheila Brown v. AHP (99-20593) AND NOW, on this 29th day of December, 2005, upon
consideration of the Stipulation for Extension of Time to Reply to
the AHP Settlement Trust’s Response in Opposition to Carey &
Danis Claimants’ Joinder in Napoli/Hariton’s Motion to Notify
pursuant to Local Civil Rule 7.4, made by the AHP Settlement Trust
and the claimants represented by Carey & Danis, LLC, by and
through their counsel, it is hereby ORDERED that the stipulation is
APPROVED and the extension of time to reply is GRANTED. Carey & Danis, LLC shall have an extension of time up
to and including December 30, 2005 to file a Reply. | 12-29-2005 | 5918 | Re: All Actions AND NOW, this 29th day of December, 2005, upon
consideration of the Escrow Agent’s Twenty-Third Petition for
Release of Funds from the MDL 1203 Fee and Cost Account to Pay
Refunds, submitted under seal, it is hereby ORDERED that said
petition is granted and Pretrial Order No. 5918(a) shall be filed
under seal. | 12-29-2005 | 5919 | Re: All Actions - FILED UNDER SEAL AND NOW, December 29, 2005, upon consideration of
Plaintiffs’ Management Committee’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 Ninety-Eight Thousand
Two Hundred Eighty-Nine Dollars and Sixty-One Cents ($98,289.61) to
the PMC Fen-Phen Litigation Account, by wire transfer using the
following routing number: | 12-29-2005 | 5920 | Re: Sheila Brown v. AHP (99-20593) And now, this 29th day of December, 2005, upon
consideration of the Stipulation between Claimant James R. Ballard
and the AHP Settlement Trust attached hereto, it is hereby ORDERED
that the Stipulation is approved, the Order to Show Cause regarding
Claimant James R. Ballard is discontinued, and Pretrial Order No.
5239, as it pertains to Claimant James R. Ballard, is
vacated. | 12-29-2005 | 5921 | Re: Sheila Brown v. AHP (99-20593) And now, this 29th day of December, 2005, upon
consideration of the Stipulation between claimant Debra Y.
Champagne and the AHP Settlement Trust attached hereto, it is
hereby ORDERED that the Stipulation is approved, the Order to Show
Cause regarding Claimant Debra Y. Champagne is discontinued, and
Pretrial Order No. 5241, as it pertains to Claimant Debra Y.
Champagne, is vacated. | 12-29-2005 | 5922 | Sheila Brown v. AHP (99-20593) And now, this 29th day of December, 2005, upon
consideration of the Stipulation between Claimant Jeanne Y. Smith
and the AHP Settlement Trust attached hereto, it is hereby ORDERED
that the Stipulation is approved, the Order to Show Cause regarding
Claimant Jeanne Y. Smith is Discontinued, and Pretrial Order No.
5242, as it pertains to Claimant Jeanne Y. Smith, is vacated. | 12-29-2005 | 5923 | Re: Levin, Papantonio, Thomas, Mitchell, Echsner &
Proctor, P.A. Cases Listed on Exhibit A v. Wyeth AND NOW TO WIT: this 29th day of December, 2005, it is
hereby STIPULATED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that pursuant to agreement of
counsel, the actions listed on Exhibit A are DISMISSED with
prejudice as to all named Defendants, with each party to bear its
own costs and counsel fees. | 12-29-2005 | 5924 | Re: Sheila Brown v. AHP (99-20593) Claimant: Kathleen
Row On December 2, 2005, Claimant Kathleen Row ("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 on her Claim for Matrix Compensation
Benefits. AND NOW, this 29th day of December, 2005, it is hereby
ORDERED that: 1. The Chair of the Arbitration Panel ("Chair") shall
number the pages of the arbitration record consecutively and,
within ten (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 thirty (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 twenty (20) pages in
length. 3. Within twenty (20) days of service of Claimant’s brief,
the AHP Settlement Trust shall file and serve a responsive brief.
The AHP Settlement Trust’s responsive brief shall not exceed twenty
(20) pages in length. 4. Within eleven (11) days of service of the AHP Settlement
Trust’s responsive brief, Claimant may file and serve a reply
brief. Claimant’s reply brief if any, shall not exceed ten (10)
pages in length. 5. All references to the arbitration record in the parties’
briefs shall be to the pages of the record as marked by the Chair.
The Court will not consider evidence that is not part of the
arbitration record. | 12-29-2005 | 5925 | Re: Sheila Brown v. AHP (99-20593) Claimant: Connie
Rauscher On December 2, 2005, Claimant Connie Rauscher (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 on her Claim for Matrix Compensation
Benefits. AND NOW, this 29th day of December, 2005, it is hereby
ORDERED that: 1. The Chair of the Arbitration Panel ("Chair") shall
number the pages of the arbitration record consecutively and,
within ten (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 thirty (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 twenty (20) pages in
length. 3. Within twenty (20) days of service of Claimant’s brief,
the AHP Settlement Trust shall file and serve a responsive brief.
The AHP Settlement Trust’s responsive brief shall not exceed twenty
(20) pages in length. 4. Within eleven (11) days of service of the AHP Settlement
Trust’s responsive brief, Claimant may file and serve a reply
brief. Claimant’s reply brief if any, shall not exceed ten (10)
pages in length. 5. All references to the arbitration record in the parties’
briefs shall be to the pages of the record as marked by the Chair.
The Court will not consider evidence that is not part of the
arbitration record. | 12-29-2005 | 5926 | Re: Paulette and Billy Barnes v. Wyeth (04-29681) AND NOW, this 29th day of December, 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, f/k/a American Home Products Corporation, Wyeth
Pharmaceuticals, f/k/a Wyeth-Ayerst Labs, Inc., Eric R. Perham,
Donna V. prophitt, and Allen J. Brzozowski. | 12-29-2005 | 5927 | Re: Julie Petkevich v. Wyeth (04-27106) AND NOW, this 29th day of December, 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 and all
Defendants who have appeared in the above-captioned matter, those
being Wyeth and Wyeth Pharmaceuticals, Inc. | 12-30-2005 | 5928 | Re: Sheila Brown v. AHP (99-20593) Beverly "Kim" Tilmon v.
Wyeth (03-39220) AND NOW, this 30th day of December, 2005, for the reasons
set forth in the accompanying Memorandum, it is hereby ordered that
the motion of Wyeth to dismiss the complaint of Beverly "Kim"
Tilmon is DENIED. | 01-03-06 | 5929 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 3rd day of January, 2006, the court having
received no objections pursuant to Pretrial Order No. 5889, dated
December 9, 2005, it is hereby ORDERED that the revised procedures
for the Eighth Amendment Mediation Program ("Mediation
Procedures"), attached hereto as Exhibit A, are approved. This Order supersedes Pretrial Order No. 5093, dated April
27, 2005, approving the previous version of the Mediation
Procedures. Show cause proceedings for all matrix claims currently
in the Mediation Program shall remain stayed for sixty days from
the date of this order or until the Special Master is notified of a
failed mediation, whichever occurs sooner. | 1-4-06 | 5930 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 4th day of January, 2006, it is hereby
ORDERED that Report and Recommendation No. 35 of the Special Master
to the AHP Settlement Trust (as to the Denial of Claims in the Show
Cause Process for Failure to Pay Technical Advisor Costs) is hereby
AFFIRMED. It is further ORDERED that the claims for Matrix
Compensation Benefits submitted by the following claimants are
DENIED: 1. Linda Hale, Claim Number 183/00 1504382; 2. Sarah Boyle, Claim Number 183/00 8005693; 3. David Stanley, Claim Number 183/00 837831; 4. Charles Schwab, Claim Number 183/00 8000233; 5. Helen Manolas, Claim Number 183/00 3645470; 6. Philip Tuson, Claim Number 183/00 3669199; and 7. Delia Singh, Claim Number 183/00 3577152 | 1-4-06 | 5931 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 4th day of January, 2006, upon consideration
of the Stipulation for Extension of Time to Reply to the AHP
Settlement Trust’s Response in Opposition to Class Members’
Re-Audit Motion pursuant to Local Civil Rule 7.4, made by the AHP
Settlement Trust and the claimants represented by Carey &
Danis, LLC, by and through their counsel, it is hereby ORDERED that
the stipulation is APPROVED and the extension of time to reply is
GRANTED. Carey & Danis, LLC shall have an extension of time up
to and including January 10, 2006 to file a reply. | 1-5-06 | 5932 | Re: Sheila Brown v. AHP (99-20593) It is hereby STIPULATED and AGREED by and between Claimant
Lenora Stammen and Defendant Wyeth, through their respective
undersigned counsel, that the Motion to Deem Claimant Leonora
Stammen Timely Filed Within the National Settlement Agreement After
the May 3, 2003 Deadline for Excusable Neglect. This extension is for a period of less than thirty (30)
days. No prior extension has been requested or given in this
matter. | 1-6-06 | 5933 | Re: Branch Law Firm Cases Listed on Exhibit A and B AND NOW TO WIT: This 6th day of January, 2006 it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibits A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 1-6-06 | 5934 | Re: Smittkamp, Walters & Associates Cases Listed on
Exhibit A AND NOW TO WIT: This 6th day of January, 2006 it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 actions
listed on Exhibits A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | | | | |
|
1-11-06 | 5935 | Re: Laura Luneau v. A. H. Robins Co. (05-21072) AND NOW, this 11th day of January, 2006, it is hereby
ORDERED that the motion of plaintiffs to file out of time severed
and amended complaints is GRANTED as unopposed. Plaintiffs shall
have fourteen (14) days from the date on this order in which to
file the previiously ordered severed and amended pleadings in this
matter. See PTO No. 5714. | 1-11-06 | 5936 | Re: Rita Peters v. Wyeth (04-21264) It appearing that plaintiffs have represented, by and
through plaintiff=s
undersigned counsel, that Michael Rupe has been properly appointed
under Iowa law as the Administrator of the Estate of
plaintiff-decedent Rita Peters, and Mr. Rupe seeks to substitute
for the plaintiff-decedent; It appearing that the defendants do not object to
plaintiff=s motion for
substitution of these parties; It appearing further that both parties have stipulated
that, to the extent state law rather that federal law governs any
issue relating to the settlement, enforcement of settlement, and
dismissal of this action, Iowa law shall govern such issues; It is hereby ORDERED that the aforementioned proper party
is substituted, and that Iowa law shall govern issues relating to
the settlement, enforcement of settlement, and dismissal of this
action. | 1-11-06 | 5937 | Re: Diane Bringhurst and Daleen Pugmier v. Wyeth
(03-20055) AND NOW, this 11th day of January, 2006, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the Complaint in the
above-captioned case is hereby dismissed with prejudice with
respect to all of Plaintiff Daleeen Pugmier=s claims against all named
Defendants, with each party to bear its own costs and counsel
fees. | 1-11-06 | 5938 | Re: Catherine Lee v. Wyeth (05-20778) Please take notice that the parties, by and through their
undersigned respective attorneys of record, hereby STIPULATE to
dismiss with prejudice from this action defendant BARRY S. NEIDORF,
M.D. only pursuant to F.R.C.P. 41(a)91)(ii). | 1-11-06 | 5939 | Re: Sheila Brown v. AHP (99-20593) IT IS HEREBY ORDERED that the motion for permission to file
a Supplemental Response in Opposition to the Joint Motion of Wyeth
and Class Counsel to Adopt a Medicare Claims Handling Procedure is
hereby GRANTED and that the Supplemental Response attached to
respondent=s motion is
hereby deemed to be FILED. | 1-11-06 | 5940 | Re: Sheila Brown v. AHP (99-20593) claimants: Sharon M.
Adams, Sharon K. Bridgewater, Larry C. Broin, Janet Gladwin, Estate
of Ginger S. Groff a.k.a. Marquerite G. Grogg, Richard C. Gust,
Monica L. Krause, Frances D. Luellen, Carol E. Mockett, Lennie M.
Morgan, Teresa Paulsen, Phyllis L. Schaffer, Marilynn L. Scott,
Eldeane Sheffer & Susan E. Whiteoak The Court has received Applications for Issuance of Orders
to Show Cause (AApplications@), filed by the AHP Settlement
Trust (ATrust@), relating to the audited claims
of the above-referenced Claimants. Accordingly, pursuant to the
Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in PTO No. 2807, it is
hereby ORDERED that these Claimants must show cause why the
Trust=s requests for
relief should not be granted. It is further ORDERED that these matters are referred to
the Special Master for further proceedings. The court directs that,
within 14 days of the date of this Order, the Trust shall serve
upon the Special Master documentation to support its Applications,
including: 1. Detailed Statements of the Case, as described in Rule
23 of the Audit Rules; 2. Attestation Forms completed by Auditing
Cardiologists for these claims; 3. Auditing Cardiologists;
Worksheets; 4. Any and all other materials submitted to and/or
completed by Auditing Cardiologists= and 5. The Audit Files. Pursuant to Rule 25 of the Audit Rules, Claimants may
submit Responses to the Special Master within 21 days after service
of the Trust=s supporting
documentation. If any Claimant fails to file a response, or if any
Claimant requests the Special Master to proceed without a Response,
the Special Master shall proceed in accordance with the Audit
Rules. | 1-12-06 | 5941 | Re: Vershine & Verhine Cases Listed on Exhibits A and
B AND NOW TO WIT: This 12st day of January, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 action
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-12-06 | 5942 | **FILED UNDER SEAL** | 1-13-06 | 5943 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 13th day of January, 2006, it is hereby
ORDERED that: 1. Report and Recommendation No. 32 is AFFIRMED in part and
DENIED in part; 2. Report and Recommendation No. 32 is DENIED without
prejudice as it pertains to Laquita Williams, MDL No. 04-26330. Because this plaintiff=s action is stayed, we will
not dismiss her claims; 3. Report and Recommendation No. 32 is AFFIRMED as it
pertains to the following plaintiffs: Deloris Ansell, Sheree Armstead, Barbara Blaylock, Melanie
Booth, Jack Brenemaen, Carline Brister, Lillie Cooper, Johnnie T. Davenport, Bonnie Davis,
Evelyn Dillon, Helen Ducksworth Patricia Franklin, Wendy Gentry, Richard Gooden, Zee Goss,
Loretta Grant, James Harrison, Andrea Hatcher, Judy Hilliard, Pamela Holmes, Deborah
Jenkins, Alice Knight, William Lacy, Angela Lewis, Marie Luckett, Vickie McCoy, Debbie McDonald,
Mary McIntyre, Donna McWilliams, Pamela Ann Mister, Cleveland Moore, Marenia
Pickens, Jimmy Dell Pinter, Terri Lee Poole, Vadie Marie Ratliff, Darlene Reynolds,
Mary Robinson, Susie Rollling, Linda Smith, Karen M. Spurlock, Susie Walters-Stegall, Trina
Waters, Geraldine Whitfield, Robert Wilson, Sr., Robin Wilson, Dorothy Winters, William
Chapman, Susan Clinkscales, Mike Cockrell, Linda M. Smith, Leota Childress, Eureta George,
Phyllis L. Harris, Elizabeth Laskoskie, Nanci Loren, Delisia Rose Matthews, Rosalind
Meeks, Teresa Rivero, Ninfa A. Sepulveda, Waynel Sexton, Mary E. Simmons, Jeanne C. Tobin,
Carol Nadine White, William Willis, Mary Wilson & Clarinda Wyly. | 1-13-06 | 5944 | Re: Sheila Brown v. AHP (99-200593) Claimant Nancy J.
Mathieu AND NOW, this 13th day of January, 2006, upon consideration
of the AHP Settlement Trust=s Motion to Dismiss Claimant Nancy
Mathieu=s Appeal from
Repot and Award of Arbitrator (the AMotion@), and considering Nancy
Mathieu=s failure to file
a brief in support of her appeal despite having been ordered to do
so by the Court in Pretrial Order 5419, it is ORDERED that the
Motion is GRANTED. The Court dismisses, with prejudice, Nancy
Mathieu=s appeal from the
Report and Award of Arbitrator dated August 13, 2004. | 1-13-06 | 5945 | Re: Eaves Law Firm Cases Listed on Exhibit A AND NOW TO WIT: This 13st day of January. 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-13-06 | 5946 | Re: Sheila Brown v. AHP (99-205930 It is hereby STIPULATED and AGREED by and between Daniel
and Louisa D=Antonio and
Defendant Wyeth, through their respective undersigned counsel, that
Wyeth shall have an extension of time up to and including February
3, 2006 to respond to Claimants Daniel and Louisa D=Antonio=s Motion to Seek Leave of Court to
Allow a Claim for Matrix Benefits Based on an Echocardiogram
Performed After the Close of the Screening Period. This extension is for a period of less than thirty (30)
days. No prior has been requested or given in this matter. | 1-17-06 | 5947 | Re: Early, Ludwick & Sweeney Cases Listed on Exhibit
A AND NOW TO WIT: This 17th day of January, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-17-06 | 5948 | Re: Capshaw, Goss, Bowers LLP and the Law Offices of Ben C.
Martin LLC Cases Listed on Exhibit A AND NOW TO WIT: This 17st day of January, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-17-06 | 5949 | Re: William and Roseann Nance v. Wyeth (04-27052) THIS CAUSE comes before the Court upon the Parties= Joint Stipulation for
Dismissal With Prejudice, and the Court, having considered same,
all facts and otherwise being fully advised in this matter ORDERED AND ADJUDGED that: the Parties=
Joint Stipulation for Dismissal with Prejudice is GRANTED. DONE and ORDERED in Philadelphia, Pennsylvania on this 17th
day of January, 2006. | 1-18-06 | 5950 | Re: Garrison, Scott, Gamble & Rosenthal, P.C. Cases
Listed on Exhibit A AND NOW TO WIT: This 18th day of January, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-19-06 | 5951 | Re: Claimant Tahm H. Reed AND NOW, this 19th day fo January, 2006, in light of
Pretrial Order (APTO@) No. 5785 granting the
Special Master=s First
Petition for Approval of Mediation Settlement, it is hereby ORDERED
that PTO No. 3077, as it pertains to Tahm H. Reed, is
vacated. | 1-19-06 | 5952 | Re: Sheila Brown v. AHP (99-20593) claimants: Yasmine D.
Gehring & Patricia Nethercutt The Court has received Applications for Issuance of Orders
to Show Cause (AApplications@), filed by the AHP Settlement
Trust (ATrust@), relating to the audited claims
of the above-referenced Claimants. Accordingly, pursuant to the
Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in PTO No. 2807, it is
hereby ORDERED that these Claimants must show cause why the
Trust=s requests for
relief should not be granted. It is further ORDERED that these matters are referred to
the Special Master for further proceedings. The court directs that,
within 14 days of the date of this Order, the Trust shall serve
upon the Special Master documentation to support its Applications,
including: 1. Detailed Statements of the Case, as described in Rule
23 of the Audit Rules; 2. Attestation Forms completed by Auditing
Cardiologists for these claims; 3. Auditing Cardiologists;
Worksheets; 4. Any and all other materials submitted to and/or
completed by Auditing Cardiologists= and 5. The Audit Files. Pursuant to Rule 25 of the Audit Rules, Claimants may
submit Responses to the Special Master within 21 days after service
of the Trust=s supporting
documentation. If any Claimant fails to file a response, or if any
Claimant requests the Special Master to proceed without a Response,
the Special Master shall proceed in accordance with the Audit
Rules. | 1-19-06 | 5953 | Re: Sheila Brown v. AHP (99-20593) claimants: Patricia A.
Akin, Debra Blackson, Shirley Dark, Judy Harr, Margie A. Mack,
Claudia McCann, Norma Mudd, Rhonda Murray, Maria B. Newcomb, Jane
L. Rayhill, Thomas P. Saya & Kelly M. Woodman The Court has received Applications for Issuance of Orders
to Show Cause (AApplications@), filed by the AHP Settlement
Trust (ATrust@), relating to the audited claims
of the above-referenced Claimants. Accordingly, pursuant to the
Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in PTO No. 2807, it is
hereby ORDERED that these Claimants must show cause why the
Trust=s requests for
relief should not be granted. It is further ORDERED that these matters are referred to
the Special Master for further proceedings. The court directs that,
within 14 days of the date of this Order, the Trust shall serve
upon the Special Master documentation to support its Applications,
including: 1. Detailed Statements of the Case, as described in Rule
23 of the Audit Rules; 2. Attestation Forms completed by Auditing
Cardiologists for these claims; 3. Auditing Cardiologists;
Worksheets; 4. Any and all other materials submitted to and/or
completed by Auditing Cardiologists= and 5. The Audit Files. Pursuant to Rule 25 of the Audit Rules, Claimants may
submit Responses to the Special Master within 21 days after service
of the Trust=s supporting
documentation. If any Claimant fails to file a response, or if any
Claimant requests the Special Master to proceed without a Response,
the Special Master shall proceed in accordance with the Audit
Rules. | 1-20-06 | 5954 | Re: Petroff & Associates Cases Listed on Exhibits A and
B AND NOW TO WIT: This 20th day of January, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 action
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-23-06 | 5955 | Re: Whittemore Denson P.A. Cases Listed on Exhibit A AND NOW TO WIT: This 23rd day of January, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-25-06 | 5956 | Re: Scott Hooper & Associates Cases Listed on Exhibits
A and B AND NOW TO WIT: This 25th day of January, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 action
listed on Exhibit A, including any and all claims, counterclaims,
cross-claims and third party claims therein are DISMISSED with
prejudice and without costs as to all parties. | 1-26-06 | 5957 | Re: Sheila Brown v. AHP (99-20593) It is hereby STIPULATED and AGREED by and between Class
Counsel and Wyeth as follows: 1. Pursuant to Pretrial Order No. 3882, Class Counsel and
Wyeth processed the claim for Virginia Carr in the Parallel
Processing Program (APPP@). 2. Pursuant to Paragraph 8(a) of Pretrial Order No. 3882,
Class Counsel and Wyeth determined that the Class Member submitted
sufficient medical evidence to support qualification for Matrix A
benefits for this Claim, and that no medical records deficiency
existed that was material to making a determination as to whether
the Claim qualified for Matrix A benefits. 3. Pursuant to Paragraph 8(a) of Pretrial Order 3882, Class
counsel and Wyeth agree that the medical records supplied by the
Class member in support of her request that she recover Matrix A
benefits are adequate to satisfy the intent of Court Approved
Procedure 4 (medical records CAP). 4. The AHP Settlement Trust=s Thirteenth Motion to Pay Claims
Designated as Payable by Wyeth Pursuant to Pretrial Order 3882,
filed with the Court on December 30, 2005, seeks Matrix A Benefit
Payment of this Claim subject to Court approval of a Stipulation
reflecting the Class Member=s entitlement to Matrix A benefits
and whether her submissions were sufficient for making a Matrix A
benefit determination on her claim. 5. Class Counsel and Wyeth stipulate that upon Court
approval of the AHP Settlement Trust=s Thirteenth Motion to Pay Claims
Designated as Payable by Wyeth pursuant to Pretrial Order 3882 and
this stipulation by the entry of the proposed Order, that the AHP
Settlement Trust shall pay Matrix A benefits to this Class
Member. | 1-26-06 | 5958 | Re: Sheila Brown v. AHP (99-20593) AND NOW, it is hereby STIPULATED and AGREED between the
undersigned counsel that Class Counsel, the AHP Settlement Trust
and Wyeth shall each have an extension of time up to and including
January 30, 2006 to file a reply to the Response in Opposition to
the Joint Motion of Class Counsel, the AHP Settlement Trust, and
Wyeth for Entry of Court-Approved Procedures Governing the Audit of
Matrix Claims and the Re-Audit of Certain Claims, filed by the law
firm of Carey & Danis LLC. This extension is for a period of
less than 30 days. No prior extension has been requested or granted
in this matter. | 1-26-06 | 5959 | Re: Sheila Brown v. AHP (99-20593) AND NOW, it is hereby STIPULATED and AGREED between the
undersigned counsel that Class Counsel, the AHP Settlement Trust
and Wyeth shall have an extension of time up to and including
January 30, 2006 to file papers in response to the opposition to
the joint motion of class counsel, the AHP Settlement Trust, and
Wyeth for the Entry of Court-Approved Procedures Governing the
Audit of Matrix Claims and the Re-Audit of Certain Claims and Cross
Motion for further relief filed by Napoli, Kaiser, Bern &
Associates, LLP and Hariton & D=Angelo LLP. This extension is for a
period of less than 30 days. No prior extension has been requested
or granted in this matter. | 1-27-06 | 5960 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 27th day of January, 2006, upon consideration
of the motion of plaintiffs for an extension of time in which to
respond to Wyeth=s Motion
to Require Advanced Payment of Costs, and upon good cause shown, it
is hereby ORDERED that the motion is GRANTED. The Napoli/Hariton
firms shall file a unified response to the motion of Wyeth to
Require Advanced Payment of Costs as a condition of Trust
Processing of Napoli/Hariton Matrix Claims, and Class Counsel=s joinder in that motion, by
Monday, February 6, 2006. | 1-31-06 | 5961 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 31st day of January, 2006, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The motion of Wyeth for Continuation of the Stay Imposed
by Pretrial Order (APTO@) No. 4485 Pending Decision on
Wyeth=s Motion for
Advance Payment is GRANTED; 2. This order applies to all claims submitted to the AHP
Settlement Trust (the ATrust@) by the law firms of Napoli,
Kaiser, Bern & Associates, LLP and/or Hariton & D=Angelo, LLP (ANapoli/Hariton@) relating to any kind of Fund A
benefit under Section IV.A of the Settlement Agreement, Matrix
Compensation Benefits under Section IV.B of the Settlement
Agreement (including but not limited to any claims subject to PTO
No. 4245), and any other claim of any nature submitted by
Napoli/Hariton to the Trust (collectively, AClaims@). 3. All actions of the Trust relating to the processing,
auditing, or payment lf all claims (as defined above) are hereby
STAYED and ENJOINED as of the date of this Order until such time as
the court rules upon the motion of Wyeth to ARequire Napoli/Hariton to make an
Advance Payment of Costs as a Condition of trust Processing of
Napoli/Hariton Matrix Claims.@ With respect to Claims subject to
the stay and injunction imposed by this order, all deadlines
applicable to (a) the Contest phase of the Audit process under
Section VI.E of the Settlement Agreement and Rule 18 of the Rules
for the Audit of Matrix Claims approved by PTO No. 2807; and (b)
the Show Cause process under Section VI.E of the Settlement
Agreement and Section V of the Policies and Procedures for Audit
and Disposition of Matrix Compensation Claims in Audit approved by
PTO No. 2457 or Rules 19 through 38 of the Rules for the Audit of
Matrix Claims approved under PTO No. 2807, are hereby SUSPENDED for
the duration of such stay and injunction. The stay imposed by this
Order shall not apply to any actions or proceedings under Sections
D, F and G of the Eighth Amendment Mediation Program to prepare
claims for the mediation process; and 4. Notwithstanding the foregoing paragraph, the sty imposed
by this Order shall not apply to the Trust=s initial intake, scanning and data
entry of the claims. | 2-1-06 | 5962 | Re: All Actions - FILED UNDER SEAL AND NOW February 1, 2006, upon consideration of PMC=s Motion for Release and Use
of Funds from the MDL 1203 Fee and Cost Account, established by
Gregory Miller, Esquire, Escrow Agent, it is hereby ORDERED and
DECREED that said Motion is GRANTED and Gregory Miller, Esquire, is
directed to make payment on invoices totaling Forty-Seven Thousand
One Hundred Eighty-Three Dollars and Thirty-One Cents ($47.183.31)
to the PMC Fen-Phen Litigation Account, by wire transfer. | 2-1-06 | 5963 | Re: This Order Relates to the Guerra & Moore LLP Cases
Listed on Exhibits A and B AND NOW TO WIT: This 1st day of February, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 action
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 2-1-06 | 5964 | Re: This Order Relates to the Eaves Law Firm Cases Listed
on Exhibits A and B AND NOW TO WIT: This 1st day of February, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 action
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 2-2-06 | 5965 | Re: Sheila Brown v. AHP (99-20593) Claimant Eli
Tatarsky AND NOW, this 2nd day of February, 2006 upon consideration
of the Stipulation between Claimant Eli Tatarsky and the AHP
Settlement Trust attached hereto, it is hereby ORDERED that the
Stipulation is approved, the Order to Show Cause regarding claimant
Eli Tatarsky is discontinued, and Pretrial Order no. 5846, as it
pertains to Claimant Eli Tatarsky, is vacated. | 2-2-06 | 5966 | Re: All Actions AND NOW, TO WIT, this 2nd day of February, 2006, upon
consideration of the Sixty-Seventh Application by Escrow Agent for
Interim Compensation and Reimbursement of Expenses (12/01/05
through 12/31/05), 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 for legal fees in
the amount of $6,270.13 for the period from (12/01/05 through
12/31/05), in accordance with the procedure established by the
Court. | 2-2-06 | 5967 | Re: All Actions AND NOW, TO WIT, this 2nd day of February, 2006, upon
consideration of the Ninety-Third Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expenses
(12/01/05 through 12/31/05), IT IS HEREBY ORDERED that the
Application is hereby GRANTED and it is directed that the parties
reimburse the Special Discovery Master for disbursements and
compensation for legal fees in the mount of $45,827.37 for the
period from 12/01/05 through 12/31/05, in accordance with the
procedure established by the Court. | 2-2-06 | 5968 | Re: All Actions AND NOW, TO WIT, this 2nd day of February, 2006, upon
consideration of the Sixty-First Application by Special Master to
the AHP Settlement Trust for Interim Compensation and Reimbursement
of Expenses (12/01/05 through 12/31/05), 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 $164,827.63 for the
period from 12/01/05 through 12/31/05, in accordance with the
procedure established by the Court. | 2-3-06 | 5969 | Re: All Action AND NOW, TO WIT, this 3rd day of February, 2006, upon
consideration of the Eighteenth Application by Special Discovery
Master for Interim Compensation and Reimbursement of Expense
Relating to Petitions for Awards of Attorneys= Fees and Reimbursement of
Litigation Expenses (12/01/05 through 12/31/05), IT IS HEREBY
ORDERED that the Application is hereby GRANTED and it is directed
that the Special Discovery Master shall be reimbursed out of the
MDL 1203 Fee and Cost Account for disbursements and compensation
for legal fees in the amount of $5,438.80 for the period from
12/01/05 through 12/31/05, in accordance with the procedure
established by the Court. | 2-3-06 | 5970 | Re: All Action AND NOW, TO WIT, this 3rd day of February, 2006, upon
consideration of the Forty-Fifth Application by Special Master for
Interim Compensation and Reimbursement of Expenses Relating to
Pretrial Order No. 2383 (12/1/05 through 12/31/05), 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 $10,111.32 for the
period from 12/1/05 through 12/31/05, in accordance with the
procedure established by the Court. | 2-3-06 | 5971 | Re: This Order Relates to the Summers & Johnson Cases
Listed on Exhibit A AND NOW TO WIT: This 3rd day of February, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties.
(Sheridan Foreman) | 2-3-06 | 5972 | Re: Stacey Whitaker v. Wyeth (04-27016) AND NOW, this 3rd day of February, 2006, after a telephone
conference with counsel, it is hereby ORDERED that the petition for
approval of settlement of minor Alec Whitaker=s claims is marked WITHDRAWN. | 2-7-06 | 5973 | Re: This Order Relates to the Eaves Law Firm Cases Listed
on Exhibit A AND NOW TO WIT: This 7rd day of February, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties.
(Barbara Gurley, Rhonda Boles & Lois Patrice Brewer) | 2-8-06 | 5974 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 8th day of February, 2006, upon consideration
of the Carey & Danis Claimants= Request for Leave to File a
Sur-Reply and the explanations contained therein, it is hereby
ORDERED that the Request is GRANTED. | 2-8-06 | 5975 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 8th day of February, 2006, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED
that: 1. The petition of the Mullen & Kelliher law firm for
approval of attorneys=
fees and costs for securing a supplemental matrix claim for the
Estate of Nicolette K. Pitts (Doc. Nos. 2208/208348) is GRANTED in
part and DENIED without prejudice in part; 2. The AHP Settlement Trust shall pay the Mullen &
Kelliher Law Firm attorneys= fees and costs in the amount of
$180,657.01, which represents 331/3 percent of the gross matrix
benefits awarded to the Estate of Nicolette K. Pitts, less the 9
percent set aside for common benefit fees under Section VIII.E of
the Settlement Agreement, and expenses in the amount of $5,101.95;
and 3. If required, the Mullen & Kelliher law firm shall
submit a separate petition for approval of attorneys= fees for securing any derivative
claim related to the matrix claim submitted on behalf of the Estate
of Nicolette K. Pitts. | 2-8-06 | 5976 | Re: All Actions AND NOW, this 8th day of February, 2006, upon consideration
of the Special Master=s
Second Petition for Approval of Mediation Settlement, it is hereby
ORDERED that said petition is GRANTED and Pretrial Order No.
5976(a) shall be filed under seal. | 2-9-06 | 5977 | Re: This Order Relates to the Friedman & Feiger, L.L.
P. Cases listed on Exhibit A AND NOW TO WIT: This 8rd day of February, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 2-9-06 | 5978 | Re: Sheila Brown v. AHP (99-20593) claimant: Ida
Creamer On January 11, 2006, Claimant Ida Creamer (AClaimant@) filed a Notice of Appeal from the
Report and Award of the Arbitrator who presided over her appeal
from the AHP Settlement Trust=s Final Determination on her Claim
for Matrix Compensation Benefits. AND NOW, this 9th day of
February, 2006, it is hereby ORDERED that: 1. The Chair of the Arbitration Panel (AChair@) shall number the pages of the
arbitration record consecutively and, within 10 days of the date of
this Order, shall provide to the Court, the Claimant and counsel
for the AHP Settlement Trust a complete copy of the arbitration
record. 2. Within 30 days of the date of this Order, Claimant shall
file and serve any 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, if any, shall not
exceed 10 pages in length. 5. All references to the arbitration record in the
parties= briefs shall be
to the pages of the record as marked by the Chair. The Court will
not consider evidence that is not part of the arbitration
record. | 2-9-06 | 5979 | Re: Sheila Brown v. AHP (99-20593) claimant: Rosalie
Sears On December 29, 2005, Claimant Rosalie Sears (AClaimant@) filed a Notice of Appeal from the
Report and Award of the Arbitrator who presided over her appeal
from the AHP Settlement Trust=s Final Determination on her Claim
for Matrix Compensation Benefits. AND NOW, this 9th day of
February, 2006, it is hereby ORDERED that: 1. The Chair of the Arbitration Panel (AChair@) shall number the pages of the
arbitration record consecutively and, within 10 days of the date of
this Order, shall provide to the Court, the Claimant and counsel
for the AHP Settlement Trust a complete copy of the arbitration
record. 2. Within 30 days of the date of this Order, Claimant shall
file and serve any 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, if any, shall not
exceed 10 pages in length. 5. All references to the arbitration record in the
parties= briefs shall be
to the pages of the record as marked by the Chair. The Court will
not consider evidence that is not part of the arbitration
record. | 2-9-06 | 5980 | 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 Claims; 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 mount 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, during the preceding month, Wyeth designated the
claims set forth on Schedule 1 hereto as Payable at the benefit
levels and amounts set forth therein. NOW, THEREFORE, this 9th day of February, 2006, upon
consideration of the Thirteenth Motion of the AHP Settlement Trust
to Pay Claims Designated as Payable by Wyeth Pursuant to Pretrial
Order 3882 (the AMotion@), and nay 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 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. | 2-10-06 | 5981 | Re: All Actions - FILED UNDER SEAL AND NOW, February 10, 2006, 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 One
Hundred and Forty One Thousand Seven Hundred Twenty-Nine Dollars
($141,729.51) to the PMC Fen-Phen Litigation Account, by Wire
Transfer. | 2-10-06 | 5982 | Re: This Order Relates to the Hubbard & Knight Cases
listed on Exhibits A and B AND NOW TO WIT: This 10th day of February, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 action
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 2-10-06 | 5983 | Re: Sheila Brown v. AHP (99-20593) AND NOW, this 10th day of February, 2006, upon
consideration of the Joint Motion for Entry of a Court Approved
Procedure for the Audit of Fund A Claims, it is hereby ORDERED that
the Joint Motion for Entry of a Court Approved Procedure for the
Audit of Fund A Claims is GRANTED. Accordingly, it is further
ORDERED as follows: 1. Approval of Procedure for the Audit of Fund A Claims
Court Approved Procedure. The Court hereby approves the Procedure
for the Audit of Fund A Claims, attached to this Order as Exhibit
1, and directs the adoption of such procedures by the Trust. 2. Notice of this Order. The Trust shall post notice of
this Order (and accompanying Exhibit) on its official website and
shall train its call center operators to explain it to persons who
contact the Trust. The Trust shall also cause a copy of the
Procedure for the Audit of Fund A Claims to be served upon all
class members (or their attorneys, if represented) whose claims for
CMS Benefits were denied based on Fund A Audits conducted before
the Effective Date of the Procedure pursuant to paragraph 13 of the
Procedure. The PMC shall post notice of the joint Motion and of
this Order (and accompanying Exhibit) on the MDL No. 1203 website
and shall cause a copy of this Order (and accompanying Exhibit) to
be served upon the approved MDL Service List. Brown Greer PLC,
Wyeth Liaison Counsel the AHP Settlement, shall also post the Order
(and accompanying Exhibit) on its website. | 2-10-06 | 5984 | Re: This Order Relates to the Snapka, Turman &
Waterhouse, LLP cases listed on Exhibit A AND NOW TO WIT: This 10th day of February, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibit A 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 action
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 5-10-06 | 5985 | Re: This Order Relates to the Ashcraft & Gerel, LLP
Cases Exhibits A and B AND NOW TO WIT: This 10th Day of February, 2006, it having
been advised that all claims between all the parties in the cases
listed on Exhibits A and B 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 action
listed on Exhibit A and B, including any and all claims,
counterclaims, cross-claims and third party claims therein are
DISMISSED with prejudice and without costs as to all parties. | 5-10-06 | 5986 | Re: Sheila Brown v. AHP (99-20593) claimants: Brenda
Bolding, Lynn Cassell, Joyce A. Kettler, Rubye J. Keys, Emma G.
Morris, Marsha J. Neihart, Lorraine Ozab, Mary L. Rhodes, Sandra S.
Steeves & Kathleen Truehart The Court has received Applications for Issuance of Orders
to Show Cause (AApplications@), filed by the AHP Settlement
Trust (ATrust@), relating to the audited claims
of the above-referenced Claimants. Accordingly, pursuant to the
Rules for the Audit of Matrix Compensation Claims (AAudit Rules@), approved in PTO No. 2807, it is
hereby ORDERED that 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. | 2-13-06 | 5987 | Re: Gill, Ladner & Priest, PLLC (f/k/a Eaves Law Firm)
Cases Listed on Exhibit A AND NOW TO WIT: This 13th day of February, 2006 it is
hereby STIPULATED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that pursuant to agreement of
counsel, the actions listed on Exhibit A, are DISMISSED with
prejudice as to all named Defendants, with each party to bear its
own costs and counsel fees. (Debra Enniss, Victoria Rogers & Martha B.
Williams) | 2-13-06 | 5988 | Re: Sylvia C. Blevins v. Wyeth (04-22592) AND NOW, this 13th day of February, 2006, it is hereby
STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(ii), that the Complaint in the
above-captioned case is hereby dismissed with prejudice as to all
named Defendants, with each party to bear its own costs and counsel
fees. Notwithstanding the foregoing, this Order shall not affect
any right to which Plaintiff may be entitled pursuant to the
Nationwide Class Action Settlement Agreement with Wyeth. This Stipulation is filed on behalf of Plaintiff and all
defendants who have appeared in the above-captioned matter. | 2-14-06 | 5989 | Re: Michelle Stevenson v. Wyeth (04-29963) AND NOW, this 14th day of February, 2006, 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
Robert Skversky, 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, Michelle
Stevenson, Defendant Wyeth (AHP) and Defendant, Robert Skversky,
M.D., the only defendants who have appeared in this action to
date. | 2-14-06 | 5990 | Re: Shondra Eaton v. Wyeth (04-27341) AND NOW, this 14th day of February, 2006, 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 Ada
Marin, 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, Shondra
Eaton, Defendant Wyeth (AHP) and Defendant, Ada Marin, M.D., the
only defendants who have appeared in this action to date. | 2-14-06 | 5991 | Re: Martha Jenkins v. Wyeth (05-20149) AND NOW, this 14th day of February, 2006, 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
Steven H. Barag, 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, Martha
Jenkins, Defendant Wyeth (AHP) and Defendant, Steven H. Barag,
M.D., the only defendants who have appeared in this action to
date. | 2-14-06 | 5992 | Re: Miriam Little v. Wyeth (04-26753) AND NOW, this 14th day of February, 2006, 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 Ralan
Kurtz, 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, Miriam
Little, Defendant Wyeth (AHP) and Defendant, Allan Kurtz, D.O., the
only defendants who have appeared in this action to date. | 2-14-06 | 5993 | Re: Jacqueline Moran v. Wyeth (04-29680) AND NOW, this 14th day of February, 2006, 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
Robert Skversky, 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,
Jacqueline Moran, Defendant Wyeth (AHP) and Defendant, Robert
Skversky, M.D., the only defendants who have appeared in this
action to date. | 2-14-06 | 5994 | Re: Lucy Cruz v. Wyeth (04-29979) AND NOW, this 14th day of February, 2006, 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
Joseph Ravenna,, 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, Lucy
Cruz, Defendant Wyeth (AHP) and Defendant, Joseph Ravenna, M.D.,
the only defendants who have appeared in this action to date. | 2-14-06 | 5995 | Re: Jeanette O=Connor v. Wyeth (05-20126) AND NOW, this 14th day of February, 2006, 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
William Trieger, 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, Jeanette
O=Connor, Defendant Wyeth
(AHP) and Defendant, William Trieger, M.D., the only defendants who
have appeared in this action to date. | 2-14-06 | 5996 | Re: Shelley Melendez v. Wyeth (05-20273) AND NOW, this 14th day of February, 2006, 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
Virgilio Reyes, 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, Shelley
Melendez, Defendant Wyeth (AHP) and Defendant, Virgilio Reyes,
M.D., the only defendants who have appeared in this action to
date. | 2-14-06 | 5997 | Re: Harriet F. Bentley v. Wyeth (5-20151) AND NOW, this 14th day of February, 2006, 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
Robert Skversky, 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, Harriet
F. Bentley, Defendant Wyeth (AHP) and Defendant, Robert Skversky,
M.D., the only defendants who have appeared in this action to
date. | 2-14-06 | 5998 | Re: Christy Hornsby v. Wyeth (04-28498) AND NOW, this 14th day of February, 2006, 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
Stephen B. Lewis, 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, Christy
Hornsby, Defendant Wyeth (AHP) and Defendant, Stephen B. Lewis,
M.D., the only defendants who have appeared in this action to
date. | 2-14-06 | 5999 | Re: Sheri Gardner v. Wyeth (04-27264) AND NOW, this 14th day of February, 2006, 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 Dong
Lee, 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, Sheri
Gardner, Defendant Wyeth (AHP) and Defendant, Dong Lee, M.D., the
only defendants who have appeared in this action to date. |
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