Kirkland et al v. Wyeth et al

Filing 44

ORDER pursuant to 41 USCA Opinion and 42 USCA Judgment; the Court's December 29, 2008 29 Order is VACATED; Plaintiffs' 22 MOTION to Remand to State Court is GRANTED and Defendants' 25 MOTION to Dismiss Duplicative Cases is DENIED as MOOT; this case is REMANDED to Hennepin County, Minnesota District Court. Signed by Judge William R. Wilson, Jr on 3/22/10. (mkf)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION In re: PREMPRO PRODUCTS LIABILITY LITIGATION SANDRA KIRKLAND, et al. v. WYETH, et al. ORDER Based on the Court of Appeals for the Eighth Circuit's January 6, 2010 Order and Judgment,1 my December 29, 2008 Order (Doc. No. 29), is VACATED. Accordingly, Plaintiffs' Motion to Remand (Doc. No. 22) is GRANTED and Defendants' Motion to Dismiss Duplicative Cases (Doc. No. 25) is DENIED as MOOT. This case is REMANDED to Hennepin County, Minnesota District Court. IT IS SO ORDERED this 22nd day of March, 2010. /s/ Wm. R. Wilson, Jr.________ UNITED STATES DISTRICT JUDGE DEFENDANTS PLAINTIFFS MDL Docket No. 4:03CV1507-WRW 4:08CV04196 1 Doc. Nos. 40, 41. The Mandate was issues on March 19, 2010.

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