Michael, et al v. Wyeth Pharmaceutical, et al

Filing 39

ORDER re 32 Order on Motion to Sever; any dropped plaintiffs in the cases identified in Exhibit A who filed lawsuits in compliance with the order dropping plaintiffs may, w/i 30 days of this Order, file amended complaints, or motions for leave to file amended complaints, to modify the newly filed complaints solely to add Wyeth LLC as a defendant. Signed by Judge William R. Wilson, Jr on 3/29/2010. (mkf)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION In re: PREMPRO PRODUCTS LIABILITY LITIGATION § § § § ORDER The Court recently issued orders dropping Plaintiffs in the multi-plaintiff cases identified in Exhibit A to this Order. The severance orders allowed the severed plaintiffs 30 days to re-file their complaints. Additionally, for the application of statutes of limitations, laches, or other time-bar laws, the new complaints would be deemed to relate back to the date that the original, multi-plaintiff complaints were filed. Some plaintiffs filing new lawsuits named Wyeth, Inc., the Wyeth entity they named before. Wyeth has indicated that Wyeth, Inc. no longer exists but that a new entity, Wyeth LLC exists. Based on the agreement of the parties at the March 19, 2010, Status Conference, the severance orders in the cases listed in Exhibit A are modified as follows: Any dropped plaintiffs in the cases identified in Exhibit A who filed lawsuits in compliance with the order dropping plaintiffs may, within 30 days of the date of this Order, file amended complaints, or motions for leave to file amended complaints, to modify the newly filed complaints solely to add Wyeth LLC as a defendant. The filing date of such amended complaints will be deemed to relate back to the date that the original, multi-plaintiff complaints were filed for the application of statutes of limitations, laches, or other time-bar laws. IT IS SO ORDERED this 29th day of March, 2010. /s/ Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE MDL Docket No. 4:03-cv-1507 WRW

EXHIBIT A Barnes, et al. v. Wyeth, et al., 4:03-cv-00710-WRW Bryant, et al. v. Wyeth Inc, et al., 4:03-cv-00714-WRW Amador, et al. v. Wyeth, et al., 4:03-cv-00908-WRW Wolf, et al. v. Wyeth Inc, et al., 4:04-cv-00019-WRW Michael, et al. v. Wyeth Pharmaceutical, et al., 4:04-cv-00761-WRW Hall, et al. v. Wyeth Inc, et al., 4:04-cv-01032-WRW Aitchison, et al. v. Wyeth Inc, et al., 4:04-cv-01124-WRW Stephenson, et al. v. Wyeth, et al., 4:04-cv-01206-WRW Barlow, et al. v. Wyeth, et al., 4:04-cv-01448-WRW Andrus, et al. v. Wyeth Inc, et al., 4:04-cv-00731-WRW Bauman, et al. v. Wyeth Inc, et al., 4:04-cv-02298-WRW Kelley, et al. v. Wyeth Inc, et al., 4:04-cv-01314-WRW Aragon, et al. v. Wyeth Inc, et al., 4:04-cv-01035-WRW Caldwell, et al. v. Wyeth Pharmaceutical, et al., 4:04-cv-00982-WRW