Filing 5

STIPULATION AND ORDER dismissing case without prejudice. Signed by Judge Freda L. Wolfson on 8/21/2017. (km)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ________________________________________________________________________ IN RE: FOSAMAX (ALENDRONATE SODIUM) PRODUCTS LIABILITYLITIGATION THIS DOCUMENT RELATES TO: MDL No. 2243 Civil Action No. 08-08-FLW-LHG STIPULATION OF DISMISSAL WITHOUT PREJUDICE William Parker, et al. v. Merck Sharp & Dohme Corp. (f/k/a Merck & Co., Inc.), Case No. 12-cv-06963-FLW-LHG IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs in the above-captioned case, William Parker and Carolina Parker (“Plaintiffs”) and Defendant, Merck Sharp & Dohme Corp., formerly known as Merck & Co., Inc. (“Merck”), through their respective undersigned counsel, as follows: 1. Having been resolved upon the agreement of Plaintiffs in the above-captioned case to dismiss voluntarily without prejudice his claim against Merck and the agreement of Merck not to seek from Plaintiffs its fees and costs, Plaintiffs hereby dismiss the abovecaptioned case without prejudice pursuant to Fed. R. Civ. P. 41(a)(1). 2. The above-named Plaintiffs agree that, in the event they re-file any suit based on any similar claims related to Fosamax against Merck, any of Merck’s subsidiaries, agents, distributors, employees, sales representatives, or against any pharmacy, such lawsuit will be filed in this Court, without joining any party whose joinder would defeat diversity pursuant to 28 U.S.C. § 1332. 3. Each party is to bear its own costs and attorneys’ fees. WHEREFORE, the parties hereto stipulate to the dismissal of this case without prejudice subject to the conditions stated herein. /s/ Peter Samberg PETER SAMBERG WEITZ & LUXENBERG, P.C. 220 Lake Drive East, Suit 210 Cherry Hill, NJ 08002 PH: 856-755-1115 Attorney for Plaintiffs, William Parker and Carolina Parker Dated: August 4,, 2017 /s/ Karen A. Confoy KAREN A. CONFOY FOX ROTHSCHILD, LLP Princeton Pike Corporate Center 997 Lenox Drive Building 3 Lawrenceville, NJ 08648 PH: 609-896-3600 Attorneys for Defendants Merck Sharp & Dohme Corp. (f/k/a Merck & Co., Inc.) Dated: July 27, 2017 SO ORDERED this 21st day of August, 2017: /s/ Freda L. Wolfson Freda L. Wolfson, U.S.D.J.

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