Hyatt et al v. Organon USA Inc et al
| valerie hyatt, Angela Postley, Jessica Williams and Sheryl Williams |
| Organon USA Inc, Organon Pharmaceutical USA Inc, Organon International Inc, Schering-Plough Corporation and Merck and Company Inc |
| 4:2012cv01248 |
| July 11, 2012 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Rodney W. Sippel |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
18
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' motion to drop and dismiss the claims of Plaintiffs based on misjoinder [#15] is GRANTED. The dismissal order for these Plaintiffs will be entered on November 9, 2012. IT IS FURTHER OR DERED that Plaintiff Angela Postley shall file an amended complaint in this Court, with allegations specific to her claims only, no later than November 9, 2012. This case will then be transferred to the Northern District Of Iowa. IT IS FURTHER ORDERE D that the dropped Plaintiffs have until November 9, 2012 to file new complaints, in a venue that is proper for each Plaintiff. The dropped Plaintiffs who file a new lawsuit by that date will be deemed to have an ongoing action in this Court for all purposes during the time period between today's date and the filing of their new complaints. For purposes of the application of statutes of limitations, laches, or other time bar laws, the filing date of a newly filed action pursuant to this Ord er will be deemed to relate back to the date that the dropped Plaintiff originally filed her complaint in this Court, insofar as the new complaint alleges only the claims alleged in the original complaint and joins only the defendants named (or fewer ) in the original complaint or the successors of such original defendants. IT IS FURTHER ORDERED that the dropped Plaintiffs will be dismissed from this lawsuit without prejudice on November 9, 2012 whether or not they have filed a new lawsuit as dir ected by this Order. IT IS FURTHER ORDERED that Plaintiffs shall file a notice in this case by November9, 2012 listing the court name and case number, if any, where a new lawsuit was filed for each Plaintiff besides Postley. Signed by District Judge Rodney W. Sippel on 1010/12. (LAH)
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