BROWN, et al v. AMERICAN HOME PROD, et al

Filing 4548

PRETRIAL ORDER NO. 8933 THAT THE MOTION OF WYETH, LLC TO ENJOIN PLAINTIFF VALARIE FARMER UNDER PTO NOS. 1415 AND 2383 FROM PROSECUTING HER ACTION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PA IS DENIED; THE MOTION OF WYETH, LLC TO ENJOIN PL AINTIFF JAMIE D. CHEEK UNDER PTO NOS. 1415 AND 2383 FROM PROSECUTING HER ACTION IN THE DISTRICT OF SOUTH CAROLINA IS DENIED; THE MOTION OF WYETH, LLC TO EXCLUDE THE EXPERT TESTIMONY ON THE ISSUE OF CAUSATION OF PRIMARY PULMONARY HYPERTENSION PROFFERE D BY JAMIE D. CHEEK IN THE DISTRICT OF SOUTH CAROLINA IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/30/2012; 8/30/2012 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 109768 IN 11-MD-1203). (tjd) (Main Document 4548 replaced on 8/30/2012) (tjd, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION ) ) ) MOL NO. 1203 ----------------------------------)) ) ) ) JAMIE D. CHEEK ) v. ) ) ) WYETH, et al. ) ) ) VALARIE FARMER ) ) v. ) WYETH PHARMACEUTICALS INC., et al. ) THIS DOCUMENT RELATES TO: CIVIL ACTION NO. 11-20001 CIVIL ACTION NO. 99-20593 ----------------------------------) PRETRIAL ORDER NO. AND NOW, this 8~3 ~O~day of August, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of defendant Wyeth, LLC to enjoin plaintiff Valarie Farmer under PTO Nos. 1415 and 2383 from prosecuting her action in Farmer v. Wyeth Pharmaceuticals, Inc., et al., July Term 2011, No. 01174, in the Court of Common Pleas of Philadelphia County, Pennsylvania is DENIED; (2) the motion of defendant Wyeth, LLC to enjoin plaintiff Jamie D. Cheek under PTO Nos. 1415 and 2383 from prosecuting her action in Cheek v. Wyeth. et al., No. II-54, in the United states District Court for the District of South Carolina is DENIEDi and (3) the motion of defendant Wyeth, LLC to exclude the expert testimony on the issue of causation of primary pulmonary hypertension proffered by plaintiff Jamie D. Cheek in ~heek v. Wyeth, et al., No. 11-54, in the United States District Court for the District of South Carolina is DENIED. BY THE COURT: -2­

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