PARKER et al v. MERCK SHARP & DOHME CORP.,

Filing 5

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

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
[e-mail]
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
[e-mail]
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.