Opinion
Misc. No. 99-0197 (TFH), MDL No. 1285, Docket No. 99-5167
January 21, 2003
ORDER DISMISSING DEGUSSA AG AND DEGUSSA CORPORATION WITH PREJUDICE
This matter being presented to the Court in connection with the Motion of Cargill, Incorporated, The Iams Company, Agribrands International, Inc., CSA Nutrition Services, Inc., formerly known as Carl S. Akey, Inc. and also known as CSA Nutrition, Inc., Nestle Purina Petcare Company, formerly known as Ralston Purina Company and also known as Nestle Ralston PetCare Company, Ralcorp Holdings, Inc., and The Coca-Cola Company (referred to herein as the " Cargill Plaintiffs") to Dismiss Degussa AG and Degussa Corporation with Prejudice, it is hereby
ORDERED that the Fourth Amended Complaint of the Cargill Plaintiffs in this action is dismissed with prejudice solely against defendants Degussa AG and Degussa Corporation. This Order is without prejudice to, and does not affect, the Cargill Plaintiffs' rights or claims against any other defendant in this litigation.
EXHIBIT I UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
____________________________________ ) IN RE: ) M.D.L. No. 1285 ) VITAMINS ANTITRUST LITIGATION ) Misc. No. 99-0197 (TFH) ____________________________________) ) THIS DOCUMENT RELATES TO: ) ) HILL'S PET NUTRITION, INC., ) ) Plaintiff, ) ) v. ) ) F. HOFFMAN-LA ROCHE, LTD., et al., ) ) Defendants. )
ORDER OF DISMISSAL, WITH PREJUDICE, OF HILL'S PET NUTRITION, INC.'S CLAIMS AGAINST THE TAKEDA DEFENDANTS
This cause is before the Court on the Motion of Plaintiff Hill's Pet Nutrition, Inc. ("Hill's Pet") for the dismissal, with prejudice, of Hill's Pet's claims in the above-captioned case against the Defendants Takeda Chemical Industries Ltd., Takeda Vitamin Food U.S.A., Takeda U.S.A., Inc., and Takeda Chemical Products, U.S.A., Inc (collectively the "Takeda Defendants"). The Court has considered the Motion, the record in this case, and being otherwise advised, it is
ORDERED AND ADJUDGED that the foregoing Motion to Dismiss, With Prejudice, of Hill's Pet's claim against the Takeda Defendants be and the same is hereby accepted and accepted and approved; and further
ORDERED AND ADJUDGED that the above-captioned case of Hill's Pet Nutrition, Inc. v. F. Hoffman-La Roche, Ltd., et al., Case No. 00-4001-RDR is hereby DISMISSED with prejudice against Defendants Takeda Chemical Industries Ltd., Takeda Vitamin Food U.S.A., Takeda U.S.A., Inc., and Takeda Chemical Products, U.S.A., Inc. This dismissal is without prejudice to Hill's Pet's claims against any other Defendants or alleged co-conspirators in the above-captioned case.
Done and ordered in chambers in Washington, D.C. this 21 day of January, 2002.
______________________ Thomas F. Hogan Chief Judge