In Re: Prempro Products et al

Filing 2191

ORDER advising counsel regarding award of reasonable attorneys' fees to defense counsel for filing Rule 25 motions to dismiss. Signed by Judge William R. Wilson, Jr on 1/13/2010. (mkf)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION IN RE: PREMPRO PRODUCTS LIABILITY LITIGATION : : : : MDL DOCKET NO. 4:03-CV-1507-WRW ORDER Numerous "excusable neglect" requests have been filed by Plaintiffs' counsel in response to Defendant Wyeth's Federal Rule of Civil Procedure 25 motions to dismiss -- which have been filed in individual cases. Henceforth -- starting today -- I will award reasonable attorneys' fees to defense counsel for filing these motions, absent unusual circumstances. I believe I have erred, if I have erred at all, on the side of tolerance in finding "excusable neglect." In connection with any Rule 25 motion to dismiss filed after today, defense counsel may include a specific, reasonable request for attorneys' fees and expenses. IT IS SO ORDERED this13th day of January, 2010. /s/ Wm. R.Wilson,Jr. UNITED STATES DISTRICT JUDGE 1

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