Opinion
Master File No. 00cv2843 (LAK).
May 9, 2005
JANET, JENNER SUGGS, LLC, Gerald D. Jowers, Jr., Columbia, South Carolina, Attorneys for Plaintiffs.
KAYE SCHOLER LLP, Alan F. Goott, Warner-Lambert Company, New York, New York, Attorneys for Defendant.
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL
Plaintiff Eugene Geddings ( individually and as Personal Representative for the estate of Frances P. Geddings), and Defendants Warner-Lambert Company (including its unincorporated Parke-Davis division) and Pfizer Inc., have agreed to settle this action. Plaintiff is a citizen of South Carolina, and the State of South Carolina requires court approval of that settlement. Accordingly, in order to facilitate Plaintiff's application for such approval in South Carolina state court, Plaintiff and Defendants hereby stipulate as follows:
1. All claims by Plaintiff are dismissed without prejudice as to the future filing and maintenance of any action in a United States Federal District Court, and dismissed with prejudice as to the future filing or maintenance of any action in any state court.
2. In the event that the South Carolina state court should reject the parties' agreed settlement, then Defendants agree:
a. that they will not rely on the dismissal with prejudice as to the future filing or maintenance of any action in state court to assert any defense based upon res judicata or the collateral estoppel doctrine in any future action concerning Rezulin® that Plaintiff might bring against any one or more of the Defendants in a United States Federal District Court.
b. that any statute of limitations applicable to Plaintiff's claims concerning the purchase or use of Rezulin® will be tolled from the date Plaintiff filed the above-captioned action until either party provides thirty days written notice to the other by certified mail, return receipt requested, to the party's counsel of record, that informal attempts to resolve the claim are concluded. Such tolling shall apply, and the period of time that the statutes of limitation are so tolled shall be added to the time for bringing an action for Plaintiff's claims, only if such claims are filed and maintained in a United States Federal District Court.
3. In the event that Janet, Jenner Suggs, LLC ceases to represent Plaintiff who is a party to this Stipulation, Janet, Jenner Suggs, LLC shall, as soon as practicable, notify Defendants in writing that the firm is no longer representing Plaintiff. In such a circumstance, the tolling of the applicable statutes of limitation as to Plaintiff shall cease ninety days from the date such representation ceases.
4. In the event that Plaintiff brings a future action against any one or more of the Defendants, all discovery taken in any other action brought against any one or more of the Defendants concerning Rezulin® shall be useable in such action as if it were taken therein. Similarly, any discovery taken by Warner-Lambert as to Plaintiff in this action shall be useable as if taken herein.
5. There are no motions pending in this matter. When approved, this Stipulation of Dismissal will close this case in its entirety.
6. Each party shall bear its own costs and attorneys' fees.