Stickney v. Wyeth Inc et al

Filing 7

ORDER directing that Plaintiff's October 17, 2008 6 Amended Complaint be STRUCK from the record for failure to comply with FRcvP 15(1) and Local Rule 5.5(e); it appears to the Court that this case is identical to C. A. No. 4:08-cv-1516, which was also transferred here from the District of Minnesota; Plaintiff is directed, by 5 p.m., Monday, October 27, 2008, to either voluntarily dismiss one of the cases or submit a brief as to why both cases are necessary. Signed by Judge William R. Wilson, Jr on 10/20/08. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION In re: PREMPRO PRODUCTS LIABILITY LITIGATION CYNTHIA J. STICKNEY v. WYETH, INC., et. al. : : : : : : : : : : : MDL Docket No. 4:03CV1507-WRW 4:08CV1426

PLAINTIFF

DEFENDANTS

ORDER Plaintiff's October 17, 2008 Amended Complaint is STRUCK from the record, because Plaintiff failed to comply with Federal Rule of Civil Procedure 151 and Local Rule 5.5(e). Additionally, it appears to me that this case identical (same Plaintiff, Defendants, lawyers, etc.) to Stickney v. Wyeth, et. al., 4:08-CV-1516, which was also transferred here from the District of Minnesota. Accordingly, by 5 p.m., Monday, October 27, 2008, Plaintiff should either voluntarily dismiss one of the cases or submit a brief as to why both cases are necessary. IT IS SO ORDERED this 20th day of October 2008. /s/ Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

If Defendants were properly served, technically, their Master Answers constitute responsive pleadings in every individual MDL case. 1

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