King et al v. Pfizer, Inc. et al

Filing 58

ORDER OF DISMISSAL OF A PARTY - The Kings' and Acura's Stipulation to Dismiss Defendant Acura Pharmaceuticals, Inc. without Prejudice (Filing No. 57 ) is approved. Claims asserted by the Kings against Acura in the above-captioned actio n are dismissed without prejudice. The parties will pay their own costs and attorney fees. If Acura is affirmatively identified in this action as a manufacturer, seller, distributor, or marketer of metoclopramide provided to Plaintiff Cathy Kin g, it will not assert a statute of limitations defense arising solely as a result of the passage of time between Acura's first receipt of the Kings' complaint and the filing of an amended complaint formally adding Acura as a party. Ordered by Chief Judge Laurie Smith Camp. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CATHY KING, an individual, and
STEVE KING, an individual,
8:13CV290
Plaintiffs,
vs.

ORDER OF DISMISSAL
OF A PARTY

PFIZER, INC., WYETH, LLC, WYETH
PHARMACEUTICALS, INC., SCHWARZ
PHARMA, INC., PLIVA, INC., JOHN
DOE PHARMACEUTICAL COMPANIES
1-40, and ACURA PHARMACEUTICALS
INC., formerly known as HALSEY DRUG
COMPANY, INC.,
Defendants.

This matter is before the Court on Plaintiff Cathy King, Plaintiff Steve King (the
“Kings”), and Defendant Acura Pharmaceuticals, Inc.’s (“Acura”) Stipulation to Dismiss
Defendant Acura Pharmaceuticals, Inc. without Prejudice (Filing No. 57).

The

Stipulation complies with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and the Court
concludes that it should be approved. Claims asserted by the Kings against Acura in
the above-captioned action will be dismissed without prejudice. The parties will pay
their own costs and attorney fees, and if Acura is affirmatively identified in this action as
a manufacturer, seller, distributor, or marketer of metoclopramide provided to Plaintiff
Cathy King, it will not assert a statute of limitations defense arising solely as a result of
the passage of time between Acura’s first receipt of the Kings’ complaint and the filing of
an amended complaint formally adding Acura as a party. Accordingly,

IT IS ORDERED:
1. The

Kings’

and

Acura’s

Stipulation

to

Dismiss

Defendant

Acura

Pharmaceuticals, Inc. without Prejudice (Filing No. 57) is approved;
2. Claims asserted by the Kings against Acura in the above-captioned action are
dismissed without prejudice;
3. The parties will pay their own costs and attorney fees; and
4. If Acura is affirmatively identified in this action as a manufacturer, seller,
distributor, or marketer of metoclopramide provided to Plaintiff Cathy King, it
will not assert a statute of limitations defense arising solely as a result of the
passage of time between Acura’s first receipt of the Kings’ complaint and the
filing of an amended complaint formally adding Acura as a party.

Dated this 17th day of December, 2014
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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