Opinion
No. MDL 1407.
September 30, 2004
[PROPOSED ] ORDER OF DISMISSAL WITH PREJUDICE
This matter came before the Court on Defendants SmithKline Beecham Corporation dba GlaxoSmithKline, GlaxoSmithKline plc and GlaxoSmithKline Consumer Healthcare, L.P. f/k/a SmithKline Beecham Consumer Healthcare, L.P.'s (collectively "GSK's") Motion For Dismissal With Prejudice from the above-referenced actions, pursuant to Case Management Order Nos. 13 and 13A. Having reviewed the statement of counsel of record for GSK that the Plaintiffs' Fact Sheets, if any, and/or the Affirmations submitted pursuant to Case Management Order No. 13, contain no allegations of ingestion of GSK's product(s), and the Plaintiffs having submitted no opposition within 10 days, the Court finds that the Plaintiffs listed on Attachment A hereto have not alleged the ingestion of a PPA-containing product manufactured or distributed by Defendant GSK.
IT IS HEREBY ORDERED that all remaining claims in the actions asserted by Plaintiffs listed on Attachment A hereto, and by anyone suing by, through or under them, including but not limited to any loss of consortium claims, against Defendant GSK only, are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41. The parties shall bear their own attorneys' fees and costs.