Opinion
MDL Docket No. 1657, Section: L3, Civil Action No: 05-3618, Transferred from USDC Eastern District of Pennsylvania Case No. 05-cv-2586.
November 17, 2005
Thomas R. Kline, Esquire, Lee B. Balefsky, Esquire, Michelle L. Tiger, Esquire, KLINE SPECTER, P.C. A Professional Corporation, Philadelphia, PA, ATTORNEYS FOR PLAINTIFFS.
Fred T. Magaziner, Joseph K. Hetrick Joshua G. Schiller DECHERT LLP, Philadelphia PA, ATTORNEYS FOR MERCK CO., INC.
STIPULATION OF DISMISSAL
AND NOW, this 21 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 above-captioned action be and hereby is DISMISSED WITHOUT PREJUDICE as to all Defendants with respect to any re-filing in federal court only. The parties stipulate and it is hereby ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) that the above-captioned action be and hereby is DISMISSED WITH PREJUDICE with respect to any re-filing in any state court. Each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of plaintiffs John W. Astle and Linda L. Astle and all defendant who have appeared in the above-captioned matter.
APPROVED AND SO ORDERED.