Opinion
MDL No. 1407
April 13, 2004
Christopher Seeger, Esq., SEEGER WEISS LLP, New York, NY, for Plaintiff
C. Crews Townsend, MILLER MARTIN PLLC, Chattanooga, TN, for Defendant Chattem, Inc.
ORDER PERMITTING AMENDED COMPLAINT
The parties are before the Court pursuant to Fed.R.Civ.P. 15 asking the Court to allow Plaintiff Jon Park to amend his complaint to assert a consolidated class action complaint against Chattem, Inc. and to designate Plaintiff Park as a class representative. Plaintiff Park also requests that Danza Honeyblue be added as a party plaintiff to his case, and she also will seek to be designated as a class representative and co-proponent of the consolidated class action prayed for in the Amended and Consolidated Class Action Complaint.
The Court has received the proposed Amended and Consolidated Class Action Complaint. Chattem, Inc. does not oppose these amendments. The Court finds that the motion is well taken and should be granted. The Court notes that The Delaco. Company, successor by merger to Thompson Medical Company, Inc. ("Delaco"), is not included as a defendant in the Amended and Consolidated Class Action Complaint. At the appropriate time the Court will entertain a motion dismissing Delaco. from this case.
According, it is hereby ORDERED that the Plaintiff Jon Park be permitted to amend his complaint consistent with this Order and to file such Amended and Consolidated Class Action Complaint today.
It is so ordered.