Harden Manufacturing Corporation v. Pfizer, Inc. et al

Filing 4117

Chief Judge Patti B. Saris: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS : "The Court ADOPTS the recommendation (Doc. #4077 ). Within 15 days of this Order, counsel must confer with the Clerk's Office and produce a list of all individual products liability cases now pending in the MDL divided into two groups: those ready for remand and those that have been settled by are awaiting completion of the settlement. " (Anderson, Jennifer)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
IN RE NEURONTIN MARKETING
)
AND SALES PRACTICES LITIGATION )
_______________________________)
)
THIS DOCUMENT RELATES TO:
) CIVIL ACTION NO. 04-cv-10981-PBS
)
PRODUCTS LIABILITY CASES
)
)
ORDER
May 29, 2013
Saris, C.J.
On April 1, 2013 Chief Magistrate Judge Sorokin issued a
Report and Recommendation regarding the remaining individual
products liability cases in this multi-district litigation.
After review of the record, the Court ADOPTS the recommendation
(Doc. 4077) as follows:
A. Pro-Se Cases
On December 12, 2012, the Court issued an order requiring
pro se plaintiffs to file a certification with the Court by
February 6, 2013 or face dismissal with prejudice.
4058.

See Doc.

The order also required the Schwartz firm, the former

counsel of some pro se plaintiffs, to serve the order and blank
certification form to each of the plaintiffs.

Id. at 2.

The

Schwartz firm failed to serve the order and blank certification
form to its former clients, and therefore, none of them filed the
pro se certification.

On April 1, 2013, the Court ordered the

Defendants to make reasonable efforts to serve the Report and
Recommendation on the Schwartz firm’s former clients.

Twelve

plaintiffs have since filed objections or certifications
requesting that they be permitted to proceed pro-se.

The Court

grants their request to proceed pro-se and REMANDS the following
plaintiffs’ cases: Earnestine Parker, Freddie B. Lytle, George
Lemacks, Sandra Logan, Lester Collins Carr Jr., Monica L.
Saenz-Cull, Helen Susan Wine, John W. Wilhelm, Betty Thurmond,
Caryl Taylor, Elroy L. Johnson, and Christine Dozier.

The Court

DISMISSES WITH PREJUDICE the remaining pro-se plaintiffs who
failed to file objections or certifications.
B. Telles v. Pfizer
The Court ADOPTS the recommendation without opposition to
deny Pfizer’s motion to dismiss the claims of Plaintiff Gloria
Telles, to allow Telles’s motion to remand, and to remand the
case to the Western District of Texas.
C. Remand
The Court ADOPTS the recommendation without opposition to
remand all of the remaining individual products liability actions
in this MDL, with the exception of those cases reported settled
and awaiting completion of the final settlement papers.

Within

15 days of this order, counsel must confer with the clerk’s
office and produce a list of all individual products liability
cases now pending in the MDL divided into two groups: those ready
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for remand and those that have been settled but are awaiting
completion of the settlement.
/s/ PATTI B. SARIS
PATTI B. SARIS
Chief United States District Judge

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