Opinion
Case No. 3:01-cv-4180 (VRW).
September 8, 2005
CHARLES F. PREUSS (State Bar No. 45783), STEVEN M. SELNA (State Bar No. 133409), MICHELLE A. CHILDERS (State Bar No. 197064), OWEN J. RESCHER (State Bar No. 214678), DRINKER BIDDLE REATH LLP, San Francisco, California, Attorneys for Defendant SMITHKLINE BEECHAM CORPORATION D/B/A GLAXOSMITHKLINE.
CORY WATSON CROWDER DEGARIS, LEILA H. WATSON, Attorneys for MARVA RIDGE and WILLIE McDOLE.
STIPULATION OF DISMISSAL; ATTESTATION IN SUPPORT OF SIGNATURE
WHEREAS, plaintiffs MARVA RIDGE ("Ridge") and WILLIE McDOLE ("McDole") filed a Complaint against SmithKline Beecham Corporation d/b/a GlaxoSmithKline ("GlaxoSmithKline") in the United States District Court for the Northern District of California in November 2001, entitled Marva Ridge; Willie McDole v. Glaxo SmithKline, plc; SmithKline Beecham Corporation; Glaxo Wellcome, Inc.; and Does 1 to 10, N.D. Cal. Docket No. 3:01-cv-4180 ("multi-plaintiff action");
WHEREAS, the multi-plaintiff action was transferred to the Multidistrict Litigation proceeding, In re Phenylpropanolamine (PPA) Products Liability Litigation, MDL Docket No. 1407 ("MDL 1407"), where it was assigned MDL 1407 Docket No. 2:02-cv-00530-BJR;
WHEREAS, Ridge and McDole subsequently filed separate, amended Complaints pursuant to MDL 1407's Case Management Orders ("CMOs") Nos. 15 and 15A regarding cases that could not meet the threshold requirement for permissive joinder under Federal Rule of Civil Procedure 20(a) (Ridge's new, individual action was assigned MDL 1407 Docket No. 2:03-cv-01392-BJR and McDole's was assigned MDL 1407 Docket No. 2:03-cv-1393-BJR);
WHEREAS, Ridge and McDole's original, multi-plaintiff Complaint was subsequently dismissed with prejudice pursuant to MDL 1407's CMOs Nos. 15 and 15A;
WHEREAS, Ridge's new, individual action was included on a Conditional Remand Order ("CRO") filed with the Judicial Panel on Multidistrict Litigation ("JPML") on April 12, 2005, and then transmitted to the Northern District of California, where it was received on May 31, 2005;
WHEREAS, McDole's new, individual action was included on a CRO filed with the JPML on May 13, 2005, and then transmitted to the Northern District of California, where it was received on July 6, 2005;
WHEREAS, both Ridge and McDole have now settled all their PPA-related claims against GlaxoSmithKline;
WHEREAS, Ridge's and McDole's new, individual actions have never been dismissed; and
WHEREAS, the parties, having settled this action, enter this stipulation to clarify that the parties agree to the dismissal with prejudice all of Ridge's and McDole's PPA-related claims against GlaxoSmithKline, both individual and multi-plaintiff; therefore
IT IS HEREBY STIPULATED by and between plaintiffs Ridge and McDole and defendant GlaxoSmithKline, through their designated counsel, that the new, individual actions and any remaining PPA-related claims and/or actions by Ridge and/or McDole against GlaxoSmithKline be and hereby are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a) with each party to bear its own costs.