Cruz et al v. Pfizer, Inc. et al

Filing 8

ORDER DISMISSING PFIZER DEFENDANTS WITH PREJUDICE AND SUGGESTING REMAND TO TRANSFEROR COURT re 7 Stipulation filed by Pfizer, Inc., Pfizer, Inc. terminated.. Signed by Judge Charles R. Breyer on 6/10/09. (be, COURT STAFF) (Filed on 6/11/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Order Relates to: Betty Cruz, et al. vs. Pfizer Inc., et al., Case No. 3:06-CV-02954-CRB 1. STIPULATION AND [PROPOSED] ORDER DISMISSING PFIZER DEFENDANTS WITH PREJUDICE AND SUGGESTING REMAND TO TRANSFEROR COURT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE: BEXTRA AND CELEBREX MARKETING SALES PRACTICES AND PRODUCT LIABILITY LITIGATION CASE NO. M:05-CV-01699-CRB MDL No. 1699 WHEREAS Plaintiffs Betty Cruz, individually and as representative for the estate of Hilario Cruz, deceased, and as surviving spouse of Hilario Cruz, deceased, and Ronnie Reynaldo Cruz, individually and as heir of the estate of Hilario Cruz, deceased, and as surviving son of Hilario Cruz, deceased (collectively, "Plaintiffs"), are residents of Jim Wells County, Texas and citizens of the State of Texas; 2. WHEREAS Defendant Pfizer Inc ("Defendant Pfizer") is incorporated in the State of Delaware and has its principal place of business in the State of New York; 3. WHEREAS Defendant Orlando DeHerrera, D.O. ("Defendant DeHerrera") is a citizen of the State of Texas; 4. WHEREAS Plaintiffs filed their Original Petition in the 79th Judicial District Court of Jim Wells County, State of Texas, which Defendant Pfizer removed to the United States District Court for the Southern District of Texas, Corpus Christi Division; -1EAST\42409108.3 013415-000401 STIP. & [PROPOSED] ORDER DISMISSING PFIZER DEFS. WITH PREJ. & SUGGESTING REMAND TO TRANSFEROR COURT ­ M:05-CV-01699-CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. WHEREAS Plaintiffs filed a motion to remand their complaint to state court, which neither the United States District Court for the Southern District of Texas, Corpus Christi Division nor this Court has adjudicated; 6. WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a), Plaintiffs hereby stipulate to dismiss any and all claims against Defendant Pfizer with prejudice, with each party to bear its own costs; 7. WHEREAS Plaintiffs wish to continue to pursue certain claims against Defendant DeHerrera ("the remaining claims"); 8. WHEREAS the remaining claims do not involve any issues that are the subject of this multi-district proceeding; and 9. WHEREAS the convenience of Plaintiffs and Defendant DeHerrera and the remaining potential witnesses will be served by remanding Plaintiffs' remaining claims to the United States District Court for the Southern District of Texas, Corpus Christi Division; 10. Court enter an Order: a. Dismissing Plaintiffs' claims against Defendant Pfizer in their THEREFORE the parties hereby stipulate and respectfully request that the entirety with prejudice, with each party to bear its own costs; and ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// EAST\42409108.3 013415-000401 -2STIP. & [PROPOSED] ORDER DISMISSING PFIZER DEFS. WITH PREJ. & SUGGESTING REMAND TO TRANSFEROR COURT ­ M:05-CV-01699-CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAST\42409108.3 013415-000401 b. Suggesting that the Judicial Panel on Multidistrict Litigation ("the Panel") remand Plaintiffs' remaining claims against Defendant DeHerrera to the United States District Court for the Southern District of Texas, Corpus Christi Division. IT IS SO STIPULATED. Dated: June 9, 2009 THE SNAPKA LAW FIRM By /s/ Kathryn Snapka Counsel for Plaintiffs Dated: June 9, 2009 DLA PIPER US LLP By /s/ Loren H. Brown Counsel for Pfizer Defendants Dated: June 9, 2009 STINNETT THIEBAUD & REMINGTON LLP By /s/ Philipa M. Remington Counsel for Defendant Dr. Orlando DeHerrera -3STIP. & [PROPOSED] ORDER DISMISSING PFIZER DEFS. WITH PREJ. & SUGGESTING REMAND TO TRANSFEROR COURT ­ M:05-CV-01699-CRB 1 2 3 4 5 6 7 8 9 10 11 12 ORDER Pursuant to the parties' stipulation, IT IS HEREBY ORDERED THAT: 1. Plaintiffs' claims against Defendant Pfizer hereby are DISMISSED in their entirety with prejudice, with each party to bear its own costs. 2. Because the Plaintiff's remaining claims do not involve any issues that are the subject of this multi-district proceeding and the convenience of Plaintiffs and Defendant DeHerrera and the remaining potential witnesses will be served by remanding Plaintiffs' remaining claims to the United States District Court for the Southern District of Texas, Corpus Christi Division ("the Transferor Court"), the Court hereby SUGGESTS that the Panel remand the remainder of Plaintiff's complaint to the Transferor Court. IT IS SO ORDERED. 14 15 16 UNIT ED HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE RED S 13 Dated: _________________, 2009 June 10 S DISTRICT TE C TA RT U O 19 20 21 22 23 24 25 26 27 28 EAST\42409108.3 013415-000401 N F D IS T IC T O R -4STIP. & [PROPOSED] ORDER DISMISSING PFIZER DEFS. WITH PREJ. & SUGGESTING REMAND TO TRANSFEROR COURT ­ M:05-CV-01699-CRB A 18 ER C LI FO 17 harle Judge C s R. Bre yer R NIA IT IS S O ORD E NO RT H

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