Malone v. Actavis Totowa LLC et al

Filing 30

MEMORANDUM OPINION & ORDER denying plaintiffs' 29 VERIFIED MOTION to reinstate dismissed case to the court's active docket. Signed by Judge Joseph R. Goodwin on 9/21/2011. (cc: attys; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

OTTO MALONE, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 2:09-cv-01325

ACTAVIS TOTOWA, LLC,
Defendants.

MEMORANDUM OPINION & ORDER

Pending is plaintiffs’ verified motion to reinstate dismissed case to the court’s active docket
[Docket 29].
This civil action was transferred to MDL 1968 from the Southern District of Texas on
December 9, 2009. Counsel for the plaintiff claims that neither he nor the plaintiff received notice
of the Settlement Agreement entered September 1, 2010, until counsel received a copy of the court’s
PTO #84. The purpose of PTO #84, entered August 22, 2011, was to remove from the active docket
of MDL 1968 those cases subject to the Settlement Agreement. Counsel contacted attorney Meghan
Johnson Carter of the Law Firm of Motley Rice LLC after receiving PTO #84 and requested a copy
of Settlement Agreement. Counsel asserts that the plaintiff was unaware that he was required to
submit a claim form seeking an award under the Settlement Agreement until he received a copy of
the Settlement Agreement and the Claim Form from Ms. Carter on August 24, 2011. Counsel for
the plaintiff was advised by Ms. Carter on August 25, 2011, that defense counsel agreed to allow

the plaintiff to submit a claim form if done so immediately with all of the required medical records.
Plaintiff was also informed that the Special Master was close to completing review of all of the
claims.
Plaintiff requests that his case be reinstated to the court’s active docket so that he will have
adequate time to obtain his deceased wife’s medical records and submit a Claim Form in order to
have an opportunity to participate in the Settlement Agreement. Given that the plaintiff has been
given consent to participate in the Settlement Agreement claims process and is taking the necessary
actions to do so, there is no good cause to reinstate the case on the active docket of MDL 1968.
Accordingly, the motion is DENIED.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER: September 21, 2011

-2-