Britt v. Wyeth et al

Filing 62

ORDER; pursuant to Stipulation 48 , plaintiff's claim for design defect is dismissed with prejudice, each party to bear own costs, and defendants' 36 Motion for Partial Summary Judgment is withdrawn. Pursuant to Stipulation 49 , plainti ff's claim for breach of implied warranty is dismissed with prejudice each party to bear its own costs, and defendants' 30 Motion for Partial Summary Judgment is withdrawn. Pursuant to Stipulation 50 all of plaintiff's claims again st separate defendants Pfizer Inc. and Greenstone, Ltd., are dismissed with prejudice, each party to bear its own costs, and Defendants Pfizer Inc. And Greenstone, LTD.'s 39 Motion for Partial Summary Judgment withdrawn. Signed by Honorable Jimm Larry Hendren on February 2, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION FRANCES BRITT PLAINTIFF v. Civil No. 05-3055 WYETH d/b/a WYETH, INC.; WYETH PHARMACEUTICALS, INC.; GREENSTONE LTD; PHARMACIA & UPJOHN COMPANY, LLC; and PFIZER, INC. DEFENDANTS O R D E R Now on this 2nd day of February, 2012, come on for consideration three Stipulations (documents #48, #49, and #50) filed by the parties. Pursuant to those Stipulations, the Court finds and orders as follows: 1. Pursuant to Stipulation (document #48), plaintiff's claim for design defect is dismissed with prejudice, each party to bear its own costs, and defendants' Motion For Partial Summary Judgment Re Design Defect Claim (document #36) is withdrawn. 2. Pursuant to Stipulation (document #49), plaintiff's claim for breach of implied warranty is dismissed with prejudice each party to bear its own costs, and defendants' Motion For Partial Summary Judgment Re Breach Of Warranty Claim (document #30) is withdrawn. 3. Pursuant to Stipulation (document #50), all of plaintiff's claims against separate defendants Pfizer Inc. and Greenstone, Ltd., are dismissed with prejudice, each party to bear its own costs, and Defendants Pfizer Inc. And Greenstone, LTD.'s Motion For Partial Summary Judgment On Grounds That They Did Not Manufacture Or Sell Provera Or Generic MPA Ingested By Plaintiff (document #39) is withdrawn. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -2-

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