Gunnison v. Pfizer, Inc.

Filing 10

ORDER VACATING DISMISSAL - REOPENING CASE. Plaintiff's counsel's motion to withdraw is granted.. Signed by Judge Charles R. Breyer on 11/10/09. (be, COURT STAFF) (Filed on 11/10/2009)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

IN RE: BEXTRA AND CELEBREX MARKETING SALES PRACTICE, AND PRODUCT LIABILITY LITIGATION This Document Relates to: Wayne Gunnison v. Pfizer, Inc., et al., 063665 CRB

No. MDL 05-01699

ORDER VACATING DISMISSAL

WHEREAS, on August 28, 2009, Plaintiff's counsel moved to withdraw as counsel for Plaintiff; WHEREAS, on September 3, 2009, the Court entered an Order to Show Cause

22 requiring Plaintiff to notify the Court in writing on or before September 25, 2009 of the 23 reasons why his case should not be dismissed; 24

WHEREAS, on September 23, 2009, Plaintiff sent a letter to the Court by Federal

25 Express indicating that he intends to proceed with his case, but the letter inadvertently was 26

not posted on the docket such that Pfizer Inc. could be aware that Plaintiff had reached out to the Court; and

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-1ORDER VACATING DISMISSAL - M:05-CV-01699-CRB

1

WHEREAS, on or about September 25, 2009, the Court entered an order dismissing

2 Plaintiff's case with prejudice for lack of prosecution; 3 THEREFORE, IT IS HEREBY ORDERED THAT: 4

1.

The dismissal of this action with prejudice is VACATED and this case is

5 reinstated to the Court's docket. 6 7

2. 3.

Plaintiff's counsel's motion to withdraw is GRANTED. Plaintiff must still comply with Pretrial Order No. 35. In particular, Plaintiff

8 shall have 60 days from the date of this Order to comply with Pretrial Order No. 31 or face 9 dismissal of his claims with prejudice. 10

4.

Plaintiff's former counsel shall forward all pleadings to Plaintiff until

11 Plaintiff files either a Notice of Substitution of Counsel or a Notice of Intent to Proceed 12 Pro Se. 13 14 15 16 Dated: November 10, 2009 17 18 19 20 21 22 23 24 25 26 27 28

IT IS SO ORDERED ________________________ Hon. Charles R. Breyer United States District Court

-2ORDER VACATING DISMISSAL - M:05-CV-01699-CRB