Almer v. Peanut Corporation of America

Filing 366

Almer v. Peanut Corporation of America

Doc. 366

June 8, 2006

Honorable Donovan W. Frank Warren E. Berger Federal Building 316 N. Robert Street Suite 700 St. Paul, Minnesota 55101

Timothy A. Pratt 2555 Grand Blvd. Kansas City Missouri 64108-2613 816.474.655 0 816.421.5547 Fax [e-mail]

Re: In Re Guidant Corp. Implantable Defibrillators Products Liability Litigation MDL No. 1708 (DWF/AJB) Harold Haley vs. Guidant Corporation, et al. Case No. 06-01292 Notice of Withdrawal of Defendant's Motion to Dismiss for Failure to Comply with This Court's January 31, 2006 Order Dear Judge Frank: Plaintiff's deadline to submit a Court-ordered Plaintiff's Fact Sheet ("PFS") was May 15, 2006. On May 25, 2006, Defendants Guidant Corporation, Cardiac Pacemakers, Inc., and Guidant Sales Corporation ("Defendants") electronically filed their Motion to Dismiss for Failure to Comply with This Court's January 31, 2006 Order ("Motion to Dismiss") because Plaintiff had not submitted to Defendants the Court-ordered PFS. On June 6, 2006, after Defendants had electronically filed their Motion to Dismiss, Defendant received Plaintiff's PFS. Accordingly, and after receiving permission to file this letter, Defendants hereby respectfully notify the Court of their intention to withdraw their Motion to Dismiss. Respectfully submitted,

By: /s/ Timothy A. Pratt cc: MDL Plaintiffs' Lead Counsel and Plaintiff's Individual Counsel (via electronic filing notification)

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