Master File 00cv2843 (LAK).
August 2, 2005
BEASLEY, ALLEN, CROW, METHVIN, PORTIS MILES, PC Andy D. Birchfield, Montgomery, Alabama, Attorneys for Plaintiffs identified on Exhibit A.
KAYE SCHOLER LLP Alan Goott Warner-Lambert Company and Pfizer Inc. New York, NY, Attorneys for Defendants.
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE
LEWIS KAPLAN, District Judge
IT IS HEREBY STIPULATED AND AGREED THAT:
1. All claims by each plaintiff listed on the attached Exhibit A are dismissed with prejudice as to all defendants. For cases designated on Exhibit A as "Entire Case Resolved," the parties stipulate and agree that each such case is dismissed with prejudice as to all defendants.
2. The parties further stipulate and agree that where claims and/or cases are dismissed with prejudice as to physicians, nurse practitioners and medical clinics, the names of such physicians, nurse practitioners and medical clinics shall be deemed expunged from the record.
3. Exhibit A also reflects whether a motion is pending in any of the above-captioned actions.
4. Each party shall bear its own costs and attorneys' fees.
SO ORDERED:
Exhibit A to Stipulation and Order of Dismissal with Prejudice
SDNY Case Name Plaintiff(s) Entire Pending Case No. Case Motions Resolved (applicable to this Plaintiff) by Therinna Gary executor of the estate of Emory S. Harris, Jr. incorrectly sued as Dolores Ratiu 01cv0965 Floyd v. Warner-Lambert, et al. Floyd, Flora ( Yes No ) 01cv0966 White v. Warner-Lambert, et al. White, Lizzie, on behalf Yes No of Tamara White, a minor 01cv3454 Hansen v. Warner-Lambert, et al. Hansen, Debra, as Yes No administratrix of the estate of Willie Temple 01cv3551 Sebring v. Warner-Lambert Sebring, Gilbert T. Yes No 01cv5772 Abernathy v. Warner-Lambert, et Abernathy, James, Yes No al. administrator of the estate of Mary Abernathy 01cv6508 Moore v. Warner-Lambert, et al. Moore, David, on behalf Yes No of the estate of Sarah Moore 01cv7751 Faile v. Warner-Lambert, et al. Faile, Ouida, as Yes No executrix of the estate of Willie Faile 01cv8152 Howard v. Warner-Lambert, et al. Howard, Jamie, on Yes No behalf of the estate of Robert Howard 01cv11812 Mosley v. Warner-Lambert, et al. Walter Mosley Yes No ( ) 02cv0537 Ratin v. Warner-Lambert, et al. Ratin, Dolores Yes Mp ( ), on behalf of the estate of Joe Michale Ratin Exhibit A to Stipulation and Order of Dismissal with Prejudice SDNY Case Name Plaintiff(s) Entire Pending Case No. Case Motions Resolved (applicable to this Plaintiff) individually and as trustee of the estate of Lillian Blechman as administrator of the estate of Louise Pennifill executrix of the estate of William E. Cunningham 02cv3115 Petty v. Warner-Lambert, et al. Petty, William Jr. Yes No 02cv5032 Blechman, et al. v. Warner-Lambert, Blechman, Morton F. Yes No et al. ( ) 02cv5032 Blechman, et al. Harris, Judith Ann Yes No 02cv5035 Pennifill, et al. v. Warner-Lambert, Pennifill, Deborah ( Yes No et al. ) 02cv5035 Pennifill, et al. Perow, Willie R. Yes No 02cv6810 Daniels, et al. v. Warner-Lambert, Daniels, Albert Yes No et al. 02cv6810 Daniels, et al. Harris, John F. Yes No 02cv6811 Boyer, et al. v. Warner-Lambert, Christa, Frank Yes No et al. 03cv1344 Cunningham v. Warner-Lambert, Cunningham, Nina Yes No et al. ( ) 03cv2873 Fisher v. Pfizer Inc., et al. Fisher, Bernice Yes No