Simmons v. Pfizer Inc.

Filing 8

ORDER OF DISMISSAL WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Paul A. Magnuson on February 5, 2009. (smr)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

IN RE: VIAGRA PRODUCTS LIABILITY LITIGATION This document relates to: Raymond Simmons, v. Pfizer Inc, et al.

: :

MDL DOCKET NO. 1724 Judge Paul A. Magnuson

Case No. 08-CV-187 (PAM)

ORDER OF DISMISSAL WITH PREJUDICE

On December 17, 2008, the Court ordered that: 1. Plaintiff Raymond Simmons has 45 days from the date of this Order to

comply with the Scheduling Order by producing to Pfizer a completed Plaintiff's Fact Sheet and medical record authorizations. 2. If such production is not made within this time period or Plaintiff does not

otherwise present to the Court reasonable cause for his delay in complying with the Scheduling Order, Plaintiff's case will be dismissed with prejudice. Plaintiff Raymond Simmons failed to comply with the Court's December 17, 2008 Order. Therefore,

IT IS HEREBY ORDERED AND AJUDGED that all claims of Plaintiff Raymond Simmons are dismissed on their merits, with prejudice, and without costs taxed against either party. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 5 , 2009 s/Paul A. Magnuson Paul A. Magnuson United States Senior District Judge

Christopher A. Gomez Miller & Associates 555 E City Avenue, Suite 910 Bala Cynwyd, PA 19004 Individual Plaintiff's Counsel for Raymond Simmons Ronald S. Goldser Robert R. Hopper Zimmerman Reed, PLLP 651 Nicollet Mall, Suite 501 Minneapolis, MN 55402 612-341-0400 Fax: [phone]
[e-mail] [e-mail]

Daniel E. Becnel, Jr. Law Offices of Daniel E. Becnel, Jr. 106 W 7th Street PO Drawer H Reserve, LA 70084 985-536-1186 Fax: [phone]
[e-mail]

Plaintiffs' Liaison Counsel Steven Glickstein Lori B. Leskin Kaye Scholer LLP 425 Park Avenue New York, NY 10022 212-836-8000 Fax: [phone]
[e-mail] [e-mail]

Plaintiffs' Co-Lead Counsel David P. Graham Stacey L. Drentlaw Oppenheimer Wolff & Donnelly LLP 3300 Plaza VII Building 45 South Seventh Street Minneapolis, MN 55402 612-607-7000 Fax: [phone]
[e-mail] [e-mail]

Defendants' Lead Counsel

Defendants' Liaison Counsel

OPPENHEIMER: 2633006 v01 02/03/2009