Fitzpatrick v. Wyeth Pharmaceutical, et al

Filing 47

ORDER signed by Judge Garland E. Burrell, Jr on 11/17/11 ORDERING that each Defendant is given ten (10) days from the date this order is filed within which to file an objection to Plaintiff's dismissal filing. In the event this action is not dismissed, the Status (Pretrial Scheduling) Conference scheduled for hearing on 11/28/11 is CONTINUED to 1/30/2012 at 09:00 AM. A joint Status Report shall be filed no later than fourteen (14) days prior to the Status Conference. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GAYLE FITZPATRICK,
Plaintiff,

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v.

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WYETH PHARMACEUTICALS; WYETH,
INC.; PFIZER, INC.; PHARMACIA
AND UPJOHN PHARMACEUTICAL SALES
REPRESENTATIVES,
Defendants.
________________________________

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2:03-cv-01705-GEB-CKD
ORDER

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Plaintiff filed a “Motion to Dismiss With Prejudice Pursuant

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to [Federal] Rule [of Civil Procedure] 41" on November 7, 2011, in which

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she “moves for an order of dismissal with prejudice as to all Defendants

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. . . , with each party to bear its own costs and attorneys’ fees.” (ECF

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No. 46.)

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Since this dismissal is conditional upon each party bearing

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its own costs and attorneys’ fees, each Defendant is given ten (10) days

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from the date this order is filed within which to file an objection to

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Plaintiff’s dismissal filing. If no objection to the dismissal Plaintiff

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seeks is filed within this period, an Order dismissing the case will be

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filed.

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Further, in the event this action is not dismissed, the Status

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(Pretrial Scheduling) Conference scheduled for hearing on November 28,

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2011 is continued to January 30, 2012 at 9:00 a.m. A joint status report

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shall be filed no later than fourteen (14) days prior to the Status

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Conference.

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IT IS SO ORDERED.
Dated:

November 17, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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