Almer v. Peanut Corporation of America

Filing 532

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Almer v. Peanut Corporation of America Doc. 532 August 25, 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 816.474.6550 816.421.5547 Fax tpratt@shb.com Re: In Re Guidant Corp. Implantable Defibrillators Products Liability Litigation MDL No. 1708 (DWF/AJB) Deborah J. Schneider vs. Guidant Corp., et al. Case No. 06-01821 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 June 26, 2006. On August 22, 2006, Defendants Guidant Corporation and Guidant Sales Corporation 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 her PFS. On August 25, 2006, after Defendants had electronically filed their Motion to Dismiss, Defendants 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) Geneva Houston Kansas City London Miami Orange County Overland Park San Francisco Tampa Washington, D.C. 2082257v1 Dockets.Justia.com

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