Opinion
Master File No. 01-CV-111, MDL No. 1402.
September 21, 2004
Laddie Montague, Jr., Ruthanne Gordon, Berger Montague, P.C., Philadelphia, PA, and Linda P. Nussbaum, Cohen, Milstein, Hausfeld Toll, P.L.L.C., New York, NY, and W. Joseph Bruckner, Lockridge Grindal Nauen, P.L.L.P., Minneapolis, MN, and Frederick P. Furth, The Furth Firm, San Francisco, CA, Attorneys for Plaintiffs.
Francis Patrick Newell, Montgomery, McCracken, Walker Rhoads, LLP., Philadelphia, PA, and Mark Leddy, Cleary, Gottlieb, Steen Hamilton, Washington, D.C., Attorneys for Asahi Kasei, Corporation, Asahi Kasei America, Inc., and Asahi Kasei Chemicals Corporation.
Joseph A. Tate, Christine Levin, Dechert LLP, Philadelphia, PA, Attorneys for FMC Corporation.
STIPULATION OF VOLUNTARY DISMISSAL
All parties to all actions in the above-captioned matter hereby stipulate to the voluntary dismissal without prejudice of Defendant Asahi Kasei America, Inc. pursuant to Federal Rules of Civil Procedure 23(e) and 41(a)(1)(ii), and request the Court to enter an Order, in the form attached hereto, approving said dismissal and ordering the Clerk of the Court to amend the captions of all actions to delete Asahi Kasei America, Inc. as a Defendant. Such request to clarify the identities of the appropriate parties related to this matter is premised upon the following:
1. Defendant Asahi Kasei America, Inc. is a wholly-owned subsidiary of Defendant Asahi Kasei Corporation.
2. Defendant Asahi Kasei America, Inc. and/or its employees have no involvement in the industry or conduct alleged to be at issue in this litigation.
3. Defendant Asahi Kasei Corporation will remain as a Defendant in this matter. In a separate, contemporaneous Stipulation of Joinder, the parties also seek the Court's approval of the joinder of Asahi Kasei Chemicals Corporation as an additional Defendant under Federal Rule of Civil Procedure 25(c).
4. The named representatives of the plaintiff class are receiving no financial compensation from Defendants on account of this proposed dismissal.
5. The voluntary dismissal of Defendant Asahi Kasei America, Inc. will only promote the efficient and speedy resolution of this matter by eliminating an unnecessary party.
6. The voluntary dismissal of Defendant Asahi Kasei America, Inc. accordingly will not interfere with the policy of protecting class members' interests and/or result in the abuse of the class action process.
7. The voluntary dismissal will be without prejudice and, as such, none of the class members will be bound by this dismissal from asserting a subsequent suit for monetary or injunctive relief against Defendant Asahi Kasei America, Inc.; accordingly, no notice or hearing is required.
8. Thus, the parties request that the Court approve the voluntary dismissal without prejudice of Defendant Asahi Kasei America, Inc. as a Defendant in all actions in the above-captioned matter.
ORDER
AND NOW, this ________ day of ________, 2004, upon consideration of the Stipulation of Voluntary Dismissal by all parties, it is hereby ORDERED that Asahi Kasei America, Inc. is DISMISSED WITHOUT PREJUDICE as a Defendant in all actions in the above-captioned matter pursuant to Federal Rules of Civil Procedure 23(e) and 41(a)(1)(ii); andIt is further ORDERED that the Clerk of the Court shall AMEND the captions of all actions in the above-captioned matter to delete Asahi Kasei America, Inc. as a Defendant.