Fleeger v. Wyeth et al

Filing 18

ORDER granting in part and denying in part 10 Motion; GRANTED as to Motion to Certify Question to the Minnesota Supreme Court; DENIED w/o prejudice as to Motion for Summary Judgment Re: Statute of Limitations. Signed by Judge William R. Wilson, Jr on 11/21/08. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION In re: PREMPRO PRODUCTS LIABILITY LITIGATION RACHEL FLEEGER v. WYETH, et al. : : : : : : : : : : : MDL Docket No. 4:03CV1507-WRW 4:07CV00506

PLAINTIFFS

DEFENDANTS

ORDER Based on the findings of fact and conclusions of law made in the Status Conference this morning, Defendants' Motion to Certify Question to the Minnesota Supreme Court (Doc. No. 10) is GRANTED. The Motion for Summary Judgment Re: Statute of Limitations (Doc. No. 10) is DENIED without prejudice, and may be refiled following a decision by the Minnesota Supreme Court Accordingly, by 5 p.m., Wednesday, November 26, 2008, the parties are to meet and confer and submit a certification question (similar to the one distributed in the Status Conference) that accurately describes the issue for the Minnesota Supreme Court. The parties should also supply me with the necessary papers to commence the certification process. IT IS SO ORDERED this 21st day of November, 2008. /s/ Wm. R.Wilson, Jr. UNITED STATES DISTRICT JUDGE

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