Garner v. Boehringer Ingelheim Pharmaceuticals, Inc. et al

Filing 33

ORDER granting voluntary dismissal, without prejudice, of the following defendants: (1) Boehringer Ingelheim Corporation, (2) Boehringer Ingelheim USA Corporation, and (3) Boehringer Ingelheim Vetmedica, Inc. Signed by Chief Judge David R. Herndon on 7/20/2012. (dsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION
PAUL GARNER
Plaintiff,
vs.
BOEHRINGER INGELHEIM
PHARMACEUTICALS, INC.,
BOEHRINGER INGELHEIM
CORPORATION, BOEHRINGER
INGELHEIM USA CORPORATION,
AND BOEHRINGER INGELHEIM
VETMEDICA, INC.
Defendants.

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§ Cause No. 3:12-cv-00612-DRH-SCW
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§ JURY TRIAL DEMANDED
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ORDER
GRANTING PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL WITHOUT
PREJUDICE AS TO DEFENDANTS BOEHRINGER INGELHEIM
CORPORATION, BOEHRINGER INGELHEIM USA CORPORATION AND
BOEHRINGER INGELHEIM VETMEDICA, INC.

This Order applies to claims brought by Plaintiff in the above mentioned
action pending in the Southern District of Illinois asserting personal injury claims
relating to the prescription pharmaceutical product PRADAXA® (“Pradaxa”).
Plaintiff’s claims are directed against several entities including Boehringer
Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim Corporation, Boehringer
Ingelheim USA Corporation, and Boehringer Ingelheim Vetmedica, Inc.
(collectively “Defendants”).

Defendant Boehringer Ingelheim Corporation, Defendant Boehringer
Ingelheim USA, Corporation, and Defendant Boehringer Ingelheim Vetmedica, Inc.
have represented that they have no involvement with the design, testing,
manufacture, marketing, sale, labeling, promotion or any other aspect of Pradaxa.
Based on these representations, Plaintiff has agreed to voluntarily dismiss
without prejudice Defendant Boehringer Ingelheim Corporation, Defendant
Boehringer Ingelheim USA, Corporation, and Defendant Boehringer Ingelheim
Vetmedica, Inc. (“Dismissed Defendants”) pursuant to FED. R. CIV. P. 41(a)(2).
The Dismissed Defendants and Plaintiff agree to the terms of this Order as
follows:
1. Provided the statute of limitations applicable to Plaintiff’s claim will
expire within one year from the date of the entry of this Order, then for a period of
one year from the date of the entry of this Order by the Court, the statute of
limitations shall be tolled as to the Dismissed Defendants. Boehringer Ingelheim
USA Corporation and Boehringer Ingelheim Corporation expressly reserve all
jurisdictional defenses previously raised by motion in this proceeding, the tolling
of the statute of limitations is without waiver of the jurisdictional defenses raised
by these Defendants, and Plaintiff agrees that the tolling of such limitations period
shall not be raised in an effort to assert jurisdiction over Boehringer Ingelheim
USA Corporation or Boehringer Ingelheim Corporation in state or federal court in
Illinois. The purpose of this tolling agreement is to allow the Plaintiff additional

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time to assess and determine the legitimacy and viability of his claims without the
necessity of continuing the action against the Dismissed Defendants.
2. Should Plaintiff reinstate his claims against one or more of the
Dismissed Defendants, then counsel for those Defendants has agreed to execute a
waiver of service as provided in Rule 4(d) of the Federal Rules of Civil Procedure
as a means of eliminating the requirement for formal service of process through
the Dismissed Defendants registered agents.
Based upon the foregoing motion and stipulation, the Court GRANTS
Plaintiff’s

motion

for

voluntary

dismissal

without

prejudice,

dismissing

Boehringer Ingelheim Corporation, Boehringer Ingelheim USA Corporation, and
Boehringer Ingelheim Vetmedica, Inc. under the terms set forth herein.

SO ORDERED

David R. Herndon
2012.07.20
05:59:36 -05'00'
Chief Judge
United States District Court

Date: July 20, 2012

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