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    Beer v. Wyeth Et Al - Document No. 3

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    ORDER pursuant to FRcvP 21 dropping every plaintiff other than the first named plaintiff from this civil action; dropped plaintiffs have 30 days from the date of this Order to file new, individual complaints in proper venue; the remaining Plaintiff m ust cure her complaint w/i 40 days of the date of this Order; the Clerk is directed to send a contemporaneous copy of this Order to the MDL Panel to allow, to the extent possible, fast-tracking of 1407 transfers of these cases back to MDL-1507 for coordinated and consolidated pretrial proceedings.. Signed by Judge William R. Wilson Jr. on 12/19/06. (mkf, ) 4:2006cv01685 Arkansas Eastern District Court

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    Beer v. Wyeth Et Al - Document No. 3

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    ORDER pursuant to FRcvP 21 dropping every plaintiff other than the first named plaintiff from this civil action; dropped plaintiffs have 30 days from the date of this Order to file new, individual complaints in proper venue; the remaining Plaintiff m ust cure her complaint w/i 40 days of the date of this Order; the Clerk is directed to send a contemporaneous copy of this Order to the MDL Panel to allow, to the extent possible, fast-tracking of 1407 transfers of these cases back to MDL-1507 for coordinated and consolidated pretrial proceedings.. Signed by Judge William R. Wilson Jr. on 12/19/06. (mkf, ) 4:2006cv01685 Arkansas Eastern District Court

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    Beer v. Wyeth et al - Document No. 3

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    ORDER pursuant to FRcvP 21 dropping every plaintiff other than the first named plaintiff from this civil action; dropped plaintiffs have 30 days from the date of this Order to file new, individual complaints in proper venue; the remaining Plaintiff m ust cure her complaint w/i 40 days of the date of this Order; the Clerk is directed to send a contemporaneous copy of this Order to the MDL Panel to allow, to the extent possible, fast-tracking of 1407 transfers of these cases back to MDL-1507 for coordinated and consolidated pretrial proceedings.. Signed by Judge William R. Wilson Jr. on 12/19/06. (mkf, ) 4:2006cv01685 Arkansas Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    33 views2 pages

    Beer v. Wyeth Et Al - Document No. 3

    Uploaded by

    Justia.com
    ORDER pursuant to FRcvP 21 dropping every plaintiff other than the first named plaintiff from this civil action; dropped plaintiffs have 30 days from the date of this Order to file new, individual complaints in proper venue; the remaining Plaintiff m ust cure her complaint w/i 40 days of the date of this Order; the Clerk is directed to send a contemporaneous copy of this Order to the MDL Panel to allow, to the extent possible, fast-tracking of 1407 transfers of these cases back to MDL-1507 for coordinated and consolidated pretrial proceedings.. Signed by Judge William R. Wilson Jr. on 12/19/06. (mkf, ) 4:2006cv01685 Arkansas Eastern District Court

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    of 2

    Beer v. Wyeth et al Doc.

    3
    Case 4:06-cv-01685-WRW Document 3 Filed 12/19/2006 Page 1 of 2

    IN THE UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF ARKANSAS
    WESTERN DIVISION

    In re: : MDL Docket No. 4:03CV1507-WRW


    : 4:06CV01685
    PREMPRO PRODUCTS LIABILITY :
    LITIGATION :
    :
    :
    CAROLE BEER, et al. : PLAINTIFFS
    :
    v. :
    :
    WYETH, INC., et al. : DEFENDANTS

    ORDER

    After reviewing this case, I believe that the complaint violates my numerous orders on

    multi-plaintiff complaints as well as the Federal Rules of Civil Procedure.

    Under Rule 21 of the Federal Rules of Civil Procedure, every plaintiff1 other than the first

    named plaintiff,2 is DROPPED from this civil action as follows:

    (1) dropped plaintiffs have 30 days from the date of this Order to file new, individual3

    complaints in a proper venue. The complaints should be served in accordance with the Rules of

    Civil Procedure;

    (2) it seems to me that it would be meet and proper if counsel for the respective parties

    would meet and confer4 regarding the court in which these cases might be refiled. This

    observation is, of course, hortatory vice mandatory.

    1
    The Clerk of the Court need not list all 72 plaintiffs’ names in the docket sheet for this case.
    2
    Ms. Carole Beer will remain in the original lawsuit, but must amend her complaint in
    accordance with this Order.
    3
    An exception to this Order is that a plaintiff and her spouse and children (or any other
    associated derivative claimant) need not be severed from each other.
    4
    By telephone if not in the flesh.

    Dockets.Justia.com
    Case 4:06-cv-01685-WRW Document 3 Filed 12/19/2006 Page 2 of 2

    (3) without further order of the Court, claims of dropped plaintiffs who do not file new

    civil actions within the 30 day period will be considered dismissed without prejudice;

    (4) dropped plaintiffs are deemed to have ongoing MDL No. 1507 actions in this Court for

    all purposes during the time period between the date of this Order and the filing of their new

    complaint in the appropriate venue, or after the passage of the 30 day period -- whichever is first;

    (5) for the application of statutes of limitations, laches, or other time bar laws, the filing

    date of a newly filed action pursuant to this Order will be deemed to relate back to the date that the

    dropped plaintiff originally filed her complaint -- insofar as the new complaint alleges only the

    claims alleged in the original complaint and joins only the defendants named (or fewer) in the

    original complaint or the successors of such original defendants;

    (6) within 40 days of the date of this Order, the remaining plaintiff must cure her

    complaint;

    (7) counsel is reminded of their obligations under MDL Panel Rule 7.5(e) and directed to

    promptly notify the MDL Panel of the new case number designated to the case in the receiving

    district.

    The Clerk of the Court is directed to send a contemporaneous copy of this order to the

    MDL panel to allow, to the extent possible, fast-tracking of § 1407 transfers of these cases back to

    MDL-1507 for coordinated and consolidated pretrial proceedings.

    IT IS SO ORDERED this 19th day of December, 2006.

    /s/ Wm. R.Wilson,Jr.


    UNITED STATES DISTRICT JUDGE

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