Quinones-Rodriguez et al v. Zicam L.L.C. et al

Filing 15

ORDER denying as moot plaintiffs' motions for leave to file a reply brief. (Case No. 10-CV-0376, doc. 21; Case No. 10-CV-1174, doc. 14 ; Case No. 09-md-2096, doc. 1524). FURTHER ORDERED denying plaintiffs' motions to set aside thedismissal. (Case No. 10-CV-0376, doc. 18; Case No. 10-CV-1174, doc. 11 ). Signed by Judge Frederick J Martone on 10/20/11. (Original Order filed in MDL-2096, Doc. 1525) (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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IN RE: Zicam Cold Remedy Marketing,)
Sales Practices, and Products Liability)
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Litigation.
_________________________________ )
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THIS DOCUMENT RELATES TO:
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Pages-Rangel v. Zicam, LLC, et al., CV-)
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10-0376-PHX-FJM;
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Quinones-Rodriguez, et al. v. Botanical)
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Laboratories, Inc., et al.,
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CV-10-1174-PHX-FJM.
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No. 09-md-2096-PHX-FJM
ORDER

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The court has before it plaintiffs Luis Quinones Rodriguez and Brunilda Diaz Lugo’s
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motion to set aside dismissal with prejudice (Case No. 10-CV-1174, doc. 11), plaintiff
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Fernando Pages-Rangel’s motion to set aside dismissal with prejudice (Case No. 10-CV20
0376, doc. 18), defendants’ responses (docs. 12, 19, respectively), and plaintiffs’ motions for
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leave to file reply brief and proposed replies (docs. 14, 21, respectively). Plaintiffs are not
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required to obtain leave to file a reply, therefore the motions for leave to file are denied as
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moot (Case No. 10-CV-1174, doc. 14; Case No. 10-CV-0376, doc. 21). The clerk is
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instructed to docket the lodged reply briefs.
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We designated lead plaintiffs’ counsel for the personal injury plaintiffs in this multi26
district litigation. Among other responsibilities, Lead Counsel was authorized to “conduct
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settlement negotiations on behalf of Plaintiffs.” (Case No. 09-md-2096, doc. 182). Lead
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Counsel ultimately executed a Settlement Agreement on behalf of the parties. Individual

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plaintiffs who wished to participate in the settlement were required to “opt in” and allow their

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claims to be resolved through the settlement program. Moving plaintiffs voluntarily joined

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the master settlement, thus agreeing to participate in the claims allocation program. In

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addition, the Settlement Agreement required each individual who joined the settlement to

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execute a general release of claims before settlement funds could be distributed. Moving

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plaintiffs each executed releases. On July 8, 2011, we dismissed with prejudice each of the

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settled claims, noting that the “claims administration process that the parties have chosen is

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not part of this MDL,” and that any challenges to the settlement process must therefore be

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resolved by an independent action. (Case No. 10-CV-0376, doc. 16; Case No. 10-CV-1174,

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doc. 8). Nevertheless, after final allocations were made under the settlement program,

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plaintiffs filed these motions seeking to set aside the dismissals of their cases, arguing that

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the settlement agreement is unenforceable because it is vague, unreasonable, unconscionable

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and lacks essential terms.

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Final judgment was entered in each of the settled member cases. Plaintiffs’ belated

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challenges to the settlement agreement do not revive their extinguished claims. Plaintiffs

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have failed to establish any grounds for relief from final judgment. See Fed. R. Civ. P. 60(b).

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This MDL, as well as the settled member cases, are now closed.

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Therefore, IT IS ORDERED DENYING as moot plaintiffs’ motions for leave to file

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a reply brief. (Case No. 10-CV-0376, doc. 21; Case No. 10-CV-1174, doc. 14; Case No. 09-

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md-2096, doc. 1524).

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IT IS FURTHER ORDERED DENYING plaintiffs’ motions to set aside the
dismissal. (Case No. 10-CV-0376, doc. 18; Case No. 10-CV-1174, doc. 11).
DATED this 20th day of October, 2011.

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