Almer v. Peanut Corporation of America

Filing 986

Almer v. Peanut Corporation of America

Doc. 986

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re: GUIDANT CORP. IMPLANTABLE DEFIBRILLATORS PRODUCTS LIABILITY LITIGATION This Document Relates to: Joseph Alatorre, David D. Cole, Dorothy Foster, and Howard Weber, individually and on behalf of all others similarly situated, Plaintiffs, v. Civil No. 06-1195 (DWF/AJB) Guidant Corporation, Guidant Sales Corporation, and Does 1 through 25, Defendants. (as to Plaintiff Howard Weber only) Plaintiffs commenced this action on March 16, 2006, in the Central District of California. Plaintiff Howard Weber died on May 12, 2006. Pursuant to Federal Rule of Civil Procedure 25(a)(1), Irwin Pomerantz now seeks an Order from this Court substituting him, in his capacity as Executor for the Will of Howard Stuart Weber, as a plaintiff in this action. Guidant does not oppose this motion but reserves the right to challenge this substitution, should discovery reveal facts different from those set forth above. Having considered the submissions and reviewed the procedural history of the file, ORDER MDL No. 05-1708 (DWF/AJB)

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IT IS HEREBY ORDERED: 1. Irwin Pomerantz's Motion to Substitute Party (Civ. No. 06-1195

(DWF/AJB), Doc. Nos. 4 and 6) is GRANTED. 2. Irwin Pomerantz, in his capacity as Executor for the Will of Howard Stuart

Weber, shall be substituted for Howard Stuart Weber, referred to in the Complaint as

"Howard Weber," in the above-captioned matter.

Dated: December 6, 2006

s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

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