Fenner et al v. Wyeth et al

Filing 140

ORDER finding as moot 139 Motion to Dismiss Plaintiff Linda Banks's claims against certain defendants; every plaintiff other than the first named plaintiff is DROPPED from this civil action; 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 3/4/2010. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION In re: PREMPRO PRODUCTS LIABILITY LITIGATION ANTONIA FENNER, et al. v. WYETH, INC., et al. : : : : : : : : : : : MDL Docket No. 4:03CV01507-WRW 4:05CV01886-WRW

PLAINTIFFS

DEFENDANT

ORDER Based on the rulings below, Defendants' unopposed PPO 8 Motion to Dismiss Plaintiff Linda Banks's claims against certain defendants (Doc. No. 139) is DENIED as MOOT -- when Ms. Banks refiles her complaint, she can remove Defendants listed in the motion. After reviewing this case, I believe that the Complaint violates my numerous orders on multi-plaintiff complaints. Under Rule 21 of the Federal Rules of Civil Procedure, every plaintiff1 other than the first named plaintiff, is DROPPED from this civil action as follows: (1) Dropped plaintiffs have 30 days from the date of this Order to file new, individual2 complaints in a proper venue. The complaints should be served in accordance with the Rules of Civil Procedure. (2) 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.

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Plaintiff Antonia Fenner will remain in the original lawsuit.

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.

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(3) Dropped plaintiffs are deemed to have ongoing MDL No. 1507 actions in this Court for all purposes for 30 days after the date of this Order or until the filing of their new complaints in the appropriate venue -- whichever is first. (4) 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. (5) Counsel are 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. (6) 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 4th day of March, 2010. /s/ Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

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