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In re Rezulin Products Liability Litigation

United States District Court, S.D. New York
Jan 14, 2004
(MDL No. 1348) MASTER FILE 00 Civ. 2843 (LAK) (S.D.N.Y. Jan. 14, 2004)

Opinion

(MDL No. 1348) MASTER FILE 00 Civ. 2843 (LAK)

January 14, 2004


PRETRIAL ORDER NO. 209 (Miscellaneous Motions) (Amended as to 03 Civ. 6384)


1. The motion of Daniel Becnel and Lynn E. Swanson to be relieved as counsel for plaintiffs Geraldine Arnold and Lynette Rendon in 01 Civ. 3558 and 01 Civ. 3861, respectively, is granted.

2. The motions by Patrick J. Pasco, M.D., and Alphonse Reed, M.D., to dismiss the complaint against them in 03 Civ. 6383, originally filed in the transferor court and unopposed, is granted.

3. The motions by David M. Headley, M.D., Patrick J. Pasco, M.D., and Howard D. Clark, M.D., to dismiss the complaint against them in 03 Civ. 6384, originally filed in the transferor court and both unopposed, are granted.

4. The motion by Michael Hennigan, M.D., to dismiss as to him in 03 Civ. 6386 for lack of personal jurisdiction, which is unopposed, is granted.

5. The motion by Clark Clinic, Inc. to dismiss 03 Civ. 6389 as to it for insufficiency to process, insufficiency of service of process and failure to state a claim upon which relief may be granted, originally filed in the transferor court and unopposed, is granted.

6. The motion of Walter M. Gorton, M.D., to dismiss, or for summary judgment dismissing, the complaint in 03 Civ. 6389 as against him, originally filed in the transferor court and unopposed, is granted on the grounds that the claim on behalf of plaintiff Claudia Edwards is deficient for the reasons set forth in the motion and that none of the other plaintiffs states a legally sufficient claim against this defendant.

7. The motion of Rick Hoover, D.O., to dismiss the complaint in 03 Civ. 6389 against him for insufficiency of service of process, originally filed in the transferor court and unopposed, is granted.

8. The motion of the United States in 03 Civ. 6393 to dismiss all claims against the United States and Robert E. Tatum, M.D., for failure to exhaust administrative remedies, which is unopposed, is granted.

9. The motion of Jonestown Health Center [docket item 1557-00 Civ. 2843 (LAK)] to substitute counsel in 03 Civ. 6389 is granted without opposition.

10. The motion of defendant E. Breen to dismiss the complaint as against her in in 03 Civ. 6400, originally filed in the transferor court and unopposed, is granted.

11. The motion of defendant Eugene Webb, M.D., to dismiss the complaint as against him in 03 Civ. 6400, originally filed in the transferor court and unopposed, is granted.

12. The motion of defendant Andrea Lea Smith, M.D., to dismiss the complaint as against her in 03 Civ. 6400, originally filed in the transferor court and unopposed, is granted.

13. The motion of defendant Q.H. McDaniel to dismiss the complaint as against him in 03 Civ. 6402, in 03 Civ. 6400, originally filed in the transferor court and unopposed, is granted.

SO ORDERED.


Summaries of

In re Rezulin Products Liability Litigation

United States District Court, S.D. New York
Jan 14, 2004
(MDL No. 1348) MASTER FILE 00 Civ. 2843 (LAK) (S.D.N.Y. Jan. 14, 2004)
Case details for

In re Rezulin Products Liability Litigation

Case Details

Full title:In re: REZULIN PRODUCTS LIABILITY LITIGATION, This Document Relates to: 01…

Court:United States District Court, S.D. New York

Date published: Jan 14, 2004

Citations

(MDL No. 1348) MASTER FILE 00 Civ. 2843 (LAK) (S.D.N.Y. Jan. 14, 2004)