In Re: Ephedra Products Liability Litigation Featured Case
Plaintiff: Michael T. Carter, Maria Palacios, James Wende, Erika Foussadier, James Klawitter, Janessa Lynn Kaleialoha Dicus, Joaquinta Brooks, Steve Summy, Diana Harrod, Angie Gupilan, Pam Lajean McClellan, Laurence Budwig, Kevin Holleman, Alison Troutman, Jerry Wood, Xuihui Deng, James Ressel, Ina Rawert, Sharon Burton, Emanuel Gupilan, Charlene Gaston, Anthony Hale McCall, Sr., James L. Thomas, Juan Antonio Lozano, Chasity Cooper, Michelle Martin, Terry Luttrell, Teresa Ball, Bethany Anne Jenkins, Suzanne Smith, Helen Alexander, Brandon Richardson, Shannon Busby, Darla K. Morrissey, Mary Murray, Francine Lewicki, Bernice Chavez Thompson, Colby W. Stambaugh, Luis J. Hernandez, Genevieve Romancik, Matthew Hollimon, Karen Chandler, Jesica L. Whaley, Jahn Bernard Smith, Dalip Tung, Paul Cross, Enrico Cruz, Coy Van Parchman, Carrol Dodson, Leslie Niedenthal, Timothy Noah Jenkins, Sharon Williams, Plaintiffs' Coordinating Counsel, Kenneth Loewen, Rhea L. Mazola, Ellen Mayfield-Fleming, Flossie M. Thibodaux, Gerald Portillo, Jennifer Goble, Daniel Byrne, Donald Wallen, PCC, Nida Moss, Jennifer Shaffer, Sharon Maddox, Andrea Woldemar, Margret S. Guyton, Alexander Korizis, Mario Ochoa, Danny L. Hawkinson, Anthony Fenner, Donna Rather, Beth Milstein Bouggarne, Brenett Forbes, Mark L. Downing, Irma Rodriguez, Vivian Greve, Sally Louise Turner, Heather Barrett, Ronald Houck, Theone Violette, Patricia Loewen, Airika J. Ashment, Myrtle Hill, Carlos Liera, Sara Poling, Richard D. Smith, David Fulton, Joey R. Carter, Billy Sapp, Dennis L. Vaughan, Judith Sladden, Duane J. Rowe, Jerry W. Keeley, May Briggs, Jaime Rogers, Patrick Galway, Robert Donald Terrell, Linda Thompson, James R. Tiskevich, Irma Garza, Paul V. Wright, Terrice Hale, Michael Underwood, Robert A Smith, Jennifer Reyes, Samar Tung, Harbir Singh, James Welsher, Hope E. Cagle, Russell Wilburn, Rosemary Alaniz, Louis Bartus, James Smith, Vincent Davis, Steven E. Nash, Cindy Plum, Michael Reinmuth, Joshua Theis, Harvey L. Levine, Michael Matthews, David J. Hall, Roy Douglas Murray, Ms. Jacqueline Kutz, Roberta Stear, Attorney David Bruce Vermont, Lende Kay Jeffcoat, Derek Roaf, Joseph D. Welch, William T. Burton, ms susie hardy, Kelvin Chalmers, Gregory Van Buren, Rosalie Marks, Melissa Cornett, Jerry Farmer, George J. Wildman, Debra Salazar, Brylyn Laakeahoakalani Silva, Jami K. Bryant, Karolyn M. Mark, Deborah Freeman, George Winsor, Gerald Parnell, Christine Felts, Delsie Stevens, Richard L. Garza, Margaret Chalmers, Sandra Lee Simmons, James Riley, Peggy McGuire, Brenda Graves, Linda Mauldin, Sandra G. Singal, Rita L. Thomas, Timothy Robinson, Miranda Sledge, David Brummel, Kenneth Feazell, Gupreet Gyani, Beverly Ann Greenberg, Delancy Newsom, Goldshield Group, plc, Shelli Schlafhauser, June Thomas, Anna Marie Bonner, Jelena Malenica, Debra Kline, Robin Thompson, Kenneth Bellew, Elizabeth M. Parks, Joshua Alvaro Greve, William Cooper, Jr., Richard Geist, Julie Walker, Robert Marshal, Teresa Villareal, Javette H. Ross, Eliana Millan, Jessica Petrovich, Sandra Lee Parker, David J. Russell, Christopher Kitsos, David Miller, Tammy J. Larsen, Rebecca Schrader, Louis Stevens, Ricky Sutherland, Richard McAfee, Tiffany Wells, Paula Bloch, Clarence Lackowski, Karen Polys, Ashley White, David Alcantara, Lawrence Griffin, James Vnecak, Earl Bryant, Bertwin Martin, Bobbie J. Barnett, Barbara Dunham, Elizabeth Cepero, Debbie Jo Starks, Sherry King Hitt, Alvaro Greve, Kenneth Bell, Lt.Col. Richard McMillan, Cheryl McClure, Vincent Coleman, Willie Marie Waltman, Tracy R. Smoot, Robert Dietz, James Petrovich, Barbara Reese, Leo Waltman, Regina Bynum, Phillip Houghton, Changes International of Ft. Walton Beach, Inc., Ellen Matthews, Steven Harris, Larry W. Langston, Jr., Eric A. Ashment, Dorothy Eileen Crisp, Vernon L. Baines, Antoinette V. Troupe, Tammy Weaver, Huy Thai, Debbie Ramey, Joy Christine Padgett, Chasity Pettis, Jennifer Luis, Cynthia Reynolds, Nancy Rhome, Sheila Keeley, James Harrod, William Burney, Jacquelyn Castillo, Pamela Olock, Vicky Jarreau, Norbert Rawert, Teddy Kambouris, Cindy Davenport, Emmitt Thrower, Ruvendra Singh, Terry Shupe, Jaclyn Morgan, James Jones, Jr., Karen Lott, Edward C. Watkins, Robert Kundrat, Cynthia Weeks, Gregory L. Crosby, Rose Cooper, Kevin Riggins, Louis George Delk, Gary Townsend, Thomas Michael Pettis, James Nagel, Pamela Pappas, Daniel Corfman, Dennis Kline, Diane Pitts, Terry A. Wolf, Damon S. Violette, Marsha Marie Glen, Lynn Ann Matheny, Sandra McGoldrick, James W. Jones, Timothy Sallis, Albert Bale, Dominick Olock, Sean Bigley, Joanne Doss, David Nassar, Scott Witwer, Leonard R. Lebrun, Jeannette Sapp, Tommie M. Houck, Deborah Smoot, Philip Bohrer, Donna Lingo, Paul Wagner, Alexander G. Haque, Fred T. Rather, Jamie Fox, Lauren Floro, Vidal Brewer Knight, Pamela A. Victor, Mark Schmidt, Layne Yranian, Ashley Hunt, Donica Aetna Parker, Sheila Jackson, Carolyn C. Jones, Linda Katie Wellman, Marguerite Johnson, Pariss London, Richard James, Mark Thuernau, Sonia Haberer, Karen Richardson, Elizabeth Wigginton, Sherri Cross, Edward V. Bonner, John Schlafhauser, Walter Perrine, Michael Ward, Bille Gene Goble, Steve Lewis, Karen LeBlanc, Belinda Wiggins, Patrick Mattson, Ruth J. English, Albert Stokes, Jr., David Sepulvado, Kerry Chalmers, Aaron Hinkle, Dianna Upson, Conrad Pawlowski, Jerry Garvin, Lori Jenkins, Howard Alexander, George Segrest, Charles Watson, Margaret Randle, Paul Thompson, Denise Cadet, Margaret Parks, John Doe, Mark I. Parks, Ramie Alfonzo Rodriguez, James Broome, Donald Riordan, Michael Scott Gregory, Jason Vickery, Stella Maria Drewing, Ana Gabraiella Suarez, Debra Morehouse, Dominica Ciocca, Travis Wingfield, Michael C. Ball, John Marlow, Angela Kirk, Demitri Olock, Angie Witwer, Rhealene Robertson, Thomas Chapman, Esther Carrero, Jeannie Brewer, Sallie Cooper, Eiko Winters, Bryn Kalikolehua Dicus, Joseph Stanely Michalowski, Diane Weber, Thomas Schneider, Sr., Nikeisha Joyner-Wiggins, Kathy Neidrauer, Horace J. Ferrell, Mary Beth Thuernau, Yvonne C. Kelly, Paul Young, Susan Griffin, Marol Scheffert, John William Burns, Robert W. Deitz, Lisa Marie Heilman, Falayan Mitchell, Douglas Yarwood, Tiffany Smith, Jennifer Burton, Merilyn Jones, Pauline Filardi, Jeremy Jennings, Bobby Jack Edwards, Vicky Crosby, King Markowski, Marcos Dias, Daniel Hoak, Virginia Vaughn, John Giordano, Derrick Wells, Dawn Smith, Kimberly A. Fletcher, Elba Arias, Suzanne K. Huebner, James A. Bogart, Erica Marie West, Patricia Berni, Raminder S. Oberoi, Julius Lohner, Henry Schneider, De'a Marie Olock, Eric Larson, Pamela Patterson, Sherida L. Miller, Ms Katherine Cowsert, Sandra M. Waters, Marion Lester Singleton, Goldshield Acquisition, Inc., Edward Ammar, Richard P. Kasko, Stephanie Turner, Shannon Pierce, Margo A. Durrance, Kathleen Tutka, Tusdy Muldrow, Wachovia Bank, N.A., Douglas Risley, Donald Acuff, Debra Clark, Sonja Lambert, Josephine Cioppa, Tina S. Bush, Mark Pizziferri, Claudia Ibarra Ortegon, Deborah Byrne, Karin Connolly, Joanne Marlow, Michelle Lynne Burns, David Davenport, Lugene Parsley, Jason Wojnowski, Sayonara Bhattacharya, Sarah Scheingold, Joyce Ann Schneider, Irene Talavera, Ronnie Rodriguez, Ricky Green, Willard C. Westfall, Tammy Iungerich, Robbin Severin, Robert Hutchinson, Timothy Bertsch, Keith E. Reid, Patrick Loftus and Nhai Nguyen
Defendant: United States, Vera Kunisch, Nutrition & Fitness, Inc., 21st Century Laboratories, General Nutrition International, Inc., M.D. Peter Luongo, GNC Franchising, Inc., Supervalu, Inc., TrimSpa, Murphy Oil USA, Inc., Metabolife International Inc., Keith's Superstore, Medico, Inc. of McAllen, General Nutrition Company, Alpine Health Products, LLC, Nutrition USA, Inc., Lehigh Valley Physicians Group, Nittany Pharmaceuticals, Fred Meyer Stores, Inc., Raymond Finnie, NVE, Inc., Alpine Health Products LLC, Garden State Nutritionals, Wyeth, Fitness First, U.S.A., HEB Grocery Company, L.P., Vita Quest International, Inc., Defense Liaison Counsel, Salons Only, Inc., Great Neck Medical Group, Changes International, Inc., Kmart of Texas, LP, Royal Numico, N.V., M.D. Ferdinando Luongo, ABC Co. and DEF Co., Nutramerica Corporation, M.D. Richard D. Baylor, Sav-On Drug Stores Inc., GNI OLDCO, Inc. f/k/a General Nutrition Incorporated, Merle Norman Cosmetics, Vitafree.com, Inc., Alimentation Couche-Tard, Inc., Albertson's Inc., GNCI OLDCO, Inc. f/k/a General Nutrition Companies, Inc., GN Oldco Corp. f/k/a General Nutrition Corporation, HVL, Incorporated, Vitamin World, Inc., Wal-Mart Stores Texas, L.P., Nu Lifestyles, LLC, Twinlab Direct Inc., General Nutrition Center #2265, NBTY Distribution, Inc., Groen Technology Corporation, Robert L. Messerly, Toby Williams, Nitro 2 Go, Twinlab Corporation, General Nutrition Corporation, Muscletech Research and Development, Inc., CVS Corporation, NFC, Inc. d/b/a Nature Food Centers, Inc., Body Dynamics, Inc., TL Administration Corp., FM, Inc., Magic Herb, Defendants' Coordinating Counsel, Stryka Botanics Co. Inc., Mike Walker, Alpine Manufacturing, Inc., APOLLO MANAGEMENT, L.P., California Creative Enterprises Inc., EAS, Inc., Bob O'Leary Health Food Distributor Co., Inc., ADA'S Natural Foods Market, Inc., RL Oldco, Inc., Phoenix Laboratories, Inc., General Nutrition Center Store #5354 d/b/a General Nutrition Corp., Navarro Discount Pharmacies, Rella Bourne, Doe Co. I, II, III, Iovate Health Sciences Group,Inc., Wyeth Pharmaceuticals, Inc., Europa Sports Products, Inc., TL Administration Inc., Lehigh Valley Hospital Center, Inc., Wal-Mart Stores, Inc., Best of Health, General Nutrition Center Store #5352 d/b/a General Nutrition, Inc., Mother Earth Natural Foods, Metabolife Int'l. Inc., General Nutrition Center International, Inc., NFI Consumer Products, Inc., NBTY, Inc., R.S. Oldco, Inc., NVE Pharmaceuticals, Vitamin Planet, Inc., Black and White Corporations, Rite Aid Headquarters Corporation, Goen Technologies Corporation, Entrenet Nutritionals, Inc., Meijer, Inc., Dynamic Essentials, Walgreen Co., Herbalife International Communications, Inc., General Nutrition Center, GNC 1895, Cytodyne Technologies, Inc., General Nutrition Companies, Inc., Experimental Applied Sciences, Inc., Doe Corporations, 1-10, General Nutrition Distribution, L.P., Natrol, Inc., Chemins Company Inc, The, GNC Corporation, Interhealth Nutracueticals, Inc., Metabolife International, Inc., Lori Cohen, Fitzgerald Enterprises, Chemins Company Inc., QCS Herbal Veromax, Inc., Wal-Mart Corporation, Advantage Marketing Systems, Inc., Herbalife International of America, Inc., Natural Balance, Inc., M.D. Theodore P. Scambati, C&M Enterprises, Timothy A. McLaughlin, M.D. Rav Bhalla, Doe Partnerships, 1-10, Nutraceutical Corporation, RS OLDCO, Inc. f/k/a Rexall Sundown, Inc., General Nutrition Store #1014944, ISP Nutrition Corp., Richardson Labs, Inc., General Nutrition Centers, Rite Aid Corporation, Nature's Bounty, Inc., Sentry Supplement Company, Traditional Medicinals, Inc., RL OLDCO, Inc., f/k/a Richardson Labs, Inc., Whole Health Nutricenter, Inc., NFI Dietary Supplements, Schnuck Markets Inc., GNC Distribution, L.P., Muscletech, Inc., Prolab Nutrition, General Nutrition Centers, Inc, Abbott Laboratories, Bonus Stores, Inc., Rexall Sundown, Inc., John Does, 1-10, General Nutrition Center #100285, Amelia Beard, N.V.E., Inc., Herbalife International, Inc., Muscletech Research & Development, Inc., AJ's Quick Stop, Advocare, Inc., Doe Non Profit Entities 1-10, GNC/General Nutrition Center Store #3451, Richard Roe, Bayer Corporation, Eckerd Drugs of Texas, Inc., Sam's East, Inc., Nutraquest, Inc., GNC #108834, Puritan's Pride, Inc., Premier Marketing, The Burgess Group Inc., Dynamic Essentials (DE), Inc., Met-Rx USA, Inc., Advanced Nutrient Science, LLC, World Nutriceuticals, Inc., Lehigh Valley Hospital, Inc., MU OLDCO, Inc. f/k/a Met-RX USA, Inc., Bally Total Fitness, Inc., Fran's Health Natural Foods, Academy, Ltd., Jane Does, 1-10, Kelly S. Coberly, Doe Governmental Entities 1-10, D & F Industries, Inc., Advanced Nutrient Science International, Inc., A.G. Waterhouse, Evergood Products Corporation, Bill's Dollar Stores, Inc., Franchising Oldco, Inc. f/k/a GN Franchising, Inc., GNC FRANCHISING, LLC, BDI Pharmaceuticals, Steve Peterson, Novartis Consumer Health, Inc., John and Jane Does, General Nutrition Distribution Company and Aim for Health, Inc.
Petitioner: Jennifer Shaffer Maxwell and Sitrick and Company
Claimant: Mellissa Barr, Official Committee of Ephedra Claimants of TL Administration Corporation and TL Administration Inc., Ozan Cirak and et al. Ozan Cirak
3Rd Party Defendant: Bio-Mark International, Inc., Garden State Nutritionals, a division of Vitaquest International, Inc., Sportika Export, Inc., Vitaquest International Inc., M.D. Robert A. Levine and Christicole Enterprises, Inc.
Counter Claimant: GMP Laboratories of America, Inc.
Consolidated Defendant: Wyeth Consumer Healthcare, Ltd.
Cross Claimant: Wal-Mart Stores East, LP, Vitalabs, Inc., The Chemins Company Inc., Kmart of Michigan, Inc. and Wal-Mart Stores Inc.
Alternative Dispute Resolution (Adr) Provider: John C Thornton, Esquire Arnold Levin, Basic Research LLC, DANA LEIFER, M.D., Randall L. Heilman and The Chemins Company, Inc.
Receiver: Michael T. Yost
Special Master: James Niss
Interested Party: Ad Hoc Committee of Tort Claimants, Buchanan Ingersoll PC for Itself, as Former Attorneys for The Official Ephedra Claimants Committee and The Ad Hoc Committee of Ephedra Claimants, Starr Excess Insurance Company, Official Committee of Unsecured Creditors of Metabolife International, Inc., Brenda Young, Metabolife Claims Resolution Facility Referee and Metabolife CRF Appeal Referee, Official Committee of Unsecured Creditors of N.V.E., Inc., Annabelle & Celestin Jaramillo and Candace Ishman
Cross Defendant: Twin Laboratories, Incorporated, Twin Lab Corporation, AST Sports Science, Inc., Trim International, Inc., Market America, Inc., Gold Line Nutritional, Inc. and Kabco Pharmaceuticals, Inc.
3Rd Party Plaintiff: Twinlab Direct, Inc. (d/b/a Changes International, Inc.), Chattem, Inc., The Burgess Group Simply Weight Loss and TL Adminstration Corp.
Not Classified By Court: north shore univesity hospital, EFRAN HUSSAIN, M.D., NILYA BHAWSAR, D.O. and RSM Richter Inc.
Counter Defendant: Blue California and Motherland International, Inc.
Trustee: Trustee David M. Higgins and David M. Higgins Of The Settlement Law Group
Consolidated Plaintiff: Ken Lilly
Case Number: 1:2004md01598
Filed: April 15, 2004
Court: U.S. District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Jed S Rakoff
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 pl
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 8, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2015 Opinion or Order Filing 3924 ORDER: This Court finds that SAF's increased purchase price of $110,000 is reasonable and that SAF and Ms. Hunt may proceed with their application in Washington state court. As such, this Court will decline to exercise further jurisdiction over this portion of the action -- thus effectively removing any hurdle under Wash. Rev. Code. 19.205.030 -- subject to the consummation of SAF's agreement with Ms. Hunt at the increased purchase price of $110,000. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/07/2015) Filed In Associated Cases: 1:04-md-01598-JSR, 1:03-cv-09290-JSR(ama)
August 26, 2015 Filing 3923 RESPONSE TO ORDER TO SHOW CAUSE re: #3919 Order to Show Cause,,,,,. Document filed by Ashley Hunt. (Attachments: #1 Exhibit "A")(Beckwith, Mathew)
July 29, 2015 Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 7/29/2015. (Kotowski, Linda)
July 10, 2015 Filing 3922 CERTIFICATE OF SERVICE of Order to Show Cause and supporting documents served on Ashley Hunt, The Prudential Insurance Company of America, and The Prudential Assigned Settlement Services Corporation on June 26, 2015. Service was made by Overnight Mail. Document filed by Ashley Hunt. (Beckwith, Mathew)
June 26, 2015 Filing 3921 AFFIRMATION of Mathew W. Beckwith re: #3919 Order to Show Cause,,,,, . Document filed by Ashley Hunt. (Beckwith, Mathew)
June 26, 2015 Filing 3920 AFFIRMATION of Mathew W. Beckwith in Support re: #3919 Order to Show Cause,,,,,. Document filed by Ashley Hunt. (Attachments: #1 Exhibit A - Infant's Compromise Order, #2 Exhibit B - Hunt Affidavit, #3 Exhibit C - Purchase Agreement, #4 Exhibit D - Washington SSPA, #5 Exhibit E - Proposed Order)(Beckwith, Mathew)
June 23, 2015 Opinion or Order Filing 3919 ORDER TO SHOW CAUSE: LET THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, THE PRUDENTIAL ASSIGNED SETTLEMENT SERVICES CORPORATION (as Issuer and Obligor of the structured settlement annuity and, as such, relieving defendants and their insurers of liability pursuant to Pages 3-4 of the Order Approving Infant's Compromise, and STRUCTURED ASSET FUNDING, LLC D/B/A 123 LUMPSUM, show cause before the District Court for the Southern District of New York, at 500 Pearl Street, New York, New York, 10007, before Judge Rakoff on the 29th day of July, 2015, at 11:00 o'clock a.m. or as soon thereafter as counsel can be heard, why this Court should not enter an Order (a) permitting the Superior Court of the State of Washington, to determine the requested transfer of future structured settlement payments from Ashley Hunt, to STRUCTURED ASSET FUNDING, LLC D/B/A 123 LUMPSUM under Washington's Structured Settlement Protection Act, RCW 19.205 et seq. (the "Washington Statute"), 26 U.S.C. 5891 et seq., and Pub. L. 107-134, Title l, l 15(c)(3)(A), as the Order was entered in the United States District Court for the Southern District of New York, Civil Action No. 04 M.D.1598 (JSR); and, (b) for any and all further relief that this Court deems just and proper. Show Cause Hearing set for 7/29/2015 at 11:00 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 6/22/2015) Filed In Associated Cases: 1:04-md-01598-JSR, 1:03-cv-09290-JSR(ama)
May 15, 2012 Opinion or Order Filing 3918 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Janice Page dated 5/7/2012 re: I was to distribute by April 30, 2012, the balance of the Ephedra funds sitting in the Chase account ($50,546.57) to the 18 law firms involved in this case. I am recommending that this order be amended and that the full distribution occur soon after March 15, 2013. ENDORSEMENT: So ordered. (Signed by Judge Jed S. Rakoff on 5/12/2012) (rjm)
December 16, 2011 Opinion or Order Filing 3917 ORDER: Accordingly, the Final Order stated that the residue shall be distributed "no later than April 30, 2012" to allow for the three-year limitations period on IRS audits. Ms. Page, however, now informs me that she filed an amended return in 2010 to obtain a refund for the Funds; as a consequence, the audit period will not expire until 2013. Therefore, the Court hereby amends the Final Order so as to change "2012" to "2013" in the second-to-last paragraph. (Signed by Judge Jed S. Rakoff on 12/15/2011). Filed In Associated Cases: 1:04-md-01598-JSR et al.(djc)
March 2, 2011 Filing 3916 MANDATE of USCA (Certified Copy) as to #2595 Notice of Appeal filed by John Giordano USCA Case Number 06-2071-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED for further proceedings in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/02/2011. (nd)
March 2, 2011 Transmission of USCA Mandate/Order to the District Judge re: #3916 USCA Mandate,. (nd)
February 8, 2011 Filing 3915 TRUE COPY ORDER of USCA as to #2595 Notice of Appeal filed by John Giordano USCA Case Number 06-2071-cv. The judgment of the District Court is VACATED and the case is REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/08/2011. (nd)
March 8, 2010 Opinion or Order Filing 3914 MEMORANDUM ORDER. Presently before the Court are renewed motions by plaintiffs in the above-captioned cases to remand these cases to the state courts from which they were removed... For the reasons stated in this Memorandum Order, the Court finds that abstention is in the interests of justice and comity, and hereby directs the Clerk of the Court to remand the above-captioned actions to the respective state courts from which they were removed and to close these cases on the Court's docket. Relates to 04md 1598, 06-2987, 06-7881, 07-2721, 07-6356. (Signed by Judge Jed S. Rakoff on 3/5/10) (rjm)
September 28, 2009 Opinion or Order Filing 3913 FINAL ORDER DISTRIBUTING REMAINING FUNDS AND CLOSING THE EPHEDRA MDL. In Case Management Order No. 50 entered on April 7, 2009, the Court determined that plaintiffs in the "2% cases" should receive partial rebates of expense assessments paid into the Court, that the Ephedra Plaintiffs' Common Benefit Fund should retain a reserve of $60,000.00, and that the remaining funds should be paid as additional fees to the 18 law firms who worked for the common benefit of plaintiffs. By letter dated August 20, 2009, the accountant for the Funds appointed by this Court, Janice Page CPA, has recommended that the reserve be retained in the Chase checking account she manages until April 2012 but that it be in the lesser amount of $40,000.00, including an anticipated tax refund of $10,000.00. Ms. Page also proposed that her firm be paid $7,000.00 in advance for specified services to be performed through April 30, 2012, including the filing of the 2008 tax return and an amended 2007 return. These recommendations are hereby approved. Regarding the rebates to the "2% Cases" under previous orders, one such rebate check was inadvertently omitted from the approved list, for plaintiff Deborah Smoot in the amount of $575.00. That payment is hereby authorized. In addition, Ms. Page is authorized to pay invoices submitted hereafter by the Special Master, and any unforeseen expenses not to exceed a total of $1,000.00, upon the Special Master's representation that they have been reviewed and approved by the Court. Ms. Page is hereby directed to issue and send the following checks from the Chase checking account: (1) to Ball Baker Leake LLC, in the amount of $7,000.00, for the future services specified in her letter of August 20, 2009, and (2) to each of the 18 payees listed on the schedule attached to this Order in the specified percentages, so that the total is an amount that will leave $30,000.00 in the Chase account after all checks authorized by the Court in this and previous orders have been debited. After March 15, 2012, but no later than April 30, 2012, Ms. Page shall distribute the balance remaining in the Chase account to same 18 payees in the percentages set forth on the attached schedule and shall close the Chase account. As a result of these orders, the Ephedra MDL is now effectively concluded. The Clerk of the Court is therefore directed to mark 04 M.D. 1598 and all related cases as closed. The Court retains jurisdiction to reopen the case if further orders become necessary. (Signed by Judge Jed S. Rakoff on 9/26/09) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
September 22, 2009 Opinion or Order Filing 3912 ORDER. The Court has received the Special Master's bill dated September 8, 2009, together with a notice filed electronically by the Special Master on September 8, 2009, inviting interested parties to send comments or objections about the bill by letter to Chambers to be received on or before September 18, 2009. No objections or comments were received. After reviewing the Special Master's bill dated September 8, 2009, the Court hereby approves it and directs Janice Page CPA, the accountant for the Ephedra Plaintiffs' Common Benefit Fund, to pay this invoice from the Fund's Chase account by issuing a check in the amount of $1,300.00 to the order of James Niss and mailing it to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 9/19/09) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
September 8, 2009 Filing 3911 NOTICE of Opportunity to Object to Special Master's Bill Dated 9/8/09 to be paid out of the Ephedra Plaintiffs' Common Benefit Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
September 8, 2009 Filing 3910 NOTICE of Special Master's Motion for Final Order Distributing Remainder of Plaintiff's Common Benefit Funds and Closing the Ephedra MDL. Document filed by James Niss. (Niss, James)
September 3, 2009 Opinion or Order Filing 3909 ORDER. After reviewing the Special Master's bill dated August 21, 2009, the Court hereby approves it and directs Janice Page CPA, the accountant for the Ephedra Plaintiffs' Common Benefit Fund, to pay this invoice from the Fund's Chase account by issuing a check in the amount of $3,475.00 to the order of James Niss and mailing it to James Niss, 400 Riverside Drive 3C, New York, NY 10025. (Signed by Judge Jed S. Rakoff on 9/1/09) (djc)
September 3, 2009 Opinion or Order Filing 3908 ORDER. After reviewing the invoice of Ball Baker Leake, LLC, dated August 20, 2009, the Court hereby approves it and directs Janice Page CPA, the accountant for the Ephedra Plaintiffs' Common Benefit Fund, to issue and deliver a check from the Fund's Chase account to the order of Ball Baker Leake, LLCL in the amount of $5,346.72. (Signed by Judge Jed S. Rakoff on 9/2/09) (djc)
August 21, 2009 Filing 3907 NOTICE of Opportunity to Object to CPA's Bill Dated 8/20/09 to be paid out of the Ephedra Plaintiffs' Common Benefit Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
August 21, 2009 Filing 3906 NOTICE of Opportunity to Object to Special Master's Bill Dated 8/21/09 to be paid out of the Plaintiffs' Common Benefit Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
June 30, 2009 Opinion or Order Filing 3905 ORDER. Upon the recommendation of the Special Master and Janice Page CPA, the accountant for the Ephedra Plaintiffs' Common Benefit Funds held by the Clerk pursuant to Case Management Order No. 7 2(a), the Court hereby amends Case Management Order No. 50 ("CMO #50") and orders the transfer of all remaining funds held by the Clerk to the checking account established pursuant to CMO #50. The checking account was established so that Ms. Page could issue about 360 rebate checks to various plaintiffs and checks for additional fees to 18 plaintiffs' law firms. CMO #50 directed that transfers to the checking account be made in stages to avoid exceeding the FDIC insured balance in the checking account. Now, however, Ms. Page reports a generally held view by auditors that Chase's participation in the federal government's bank recovery program makes that precaution unnecessary. Accordingly, the Court directs the Clerk to issue a check to the order of "Ephedra Plaintiffs Common Benefit Fund" in the amount of the remaining balances in the Ephedra Plaintiffs' Common Expense Fund and the Ephedra Plaintiffs' Common Fee Fund and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE LLC, 122 East 42nd Street, New York, NY 10168. The Ephedra accounts held by the Clerk shall thereafter be closed. Ms. Page shall deposit the check in the Chase checking account and shall issue checks and make withdrawals from that account only as expressly authorized by orders of this Court. The rebate checks authorized by CMO #50 shall be issued and mailed in accordance with the Corrected Mailing List for Rebate Checks filed in the MDL docket by the Special Master on May 21, 2009. (Signed by Judge Jed S. Rakoff on 6/27/09) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
June 10, 2009 Opinion or Order Filing 3904 MEMORANDUM ORDER. On August 18, 2008, the Court of Appeals for the Second Circuit temporarily remanded this case for the limited purpose of determining whether "there is a genuine issue of material fact as to whether sufficient scientific or medical evidence was reasonably available to Giordano such that he could have ascertained the cause of his injury prior to March 2002." Giordano v. Market America, Inc., No. 06-2071-cv, 2008 WL 3842907, at *1 (2d Cir. Aug. 18, 2008). By Memorandum Order dated February 23, 2009, this Court decided that question. Accordingly, this case is once again before the Second Circuit and this Court no longer has jurisdiction. The Clerk of the Court is therefore directed to close this case. (Signed by Judge Jed S. Rakoff on 6/9/09) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01018-JSR(rjm)
June 9, 2009 Opinion or Order Filing 3903 ORDER. The Court has received the invoice of BALL BAKER LEAKE, LLC, dated May 21, 2009, in the amount of $19,507.79 together with a notice filed electronically by the Special Master inviting interested parties to send comments or objections about this invoice by letter to Chambers to be received on or before June 1, 2009. No objections or comments were received. After reviewing the invoice of BALL BAKER LEAKE, LLC, dated May 21, 2009, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $19,507.79 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE LLC, 122 East 42nd Street, New York, NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs' Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 P 2(a). (Signed by Judge Jed S. Rakoff on 6/3/09) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
May 21, 2009 Filing 3902 NOTICE of Opportunity to Object to CPA's Bill Dated 5/21/09 to Be Paid our of the Ephedra Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
May 21, 2009 Filing 3901 NOTICE of Mailing 164 Rebate Checks to Plaintiffs in the 2% Cases with Names Beginning with A through J. Document filed by James Niss. (Attachments: #1 Corrected mailing list for rebate checks)(Niss, James)
May 15, 2009 Opinion or Order Filing 3900 ORDER. The Court has received the Special Master's bill dated May 1, 2009, together with a notice filed electronically by the Special Master on May 1, 2009, inviting interested parties to send comments or objections about the bill by letter to Chambers to be received on or before May 11. No objections or comments were received. After reviewing the Special Master's bill dated May 1, 2009, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $5,329.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. Pertains to All Cases. (Signed by Judge Jed S. Rakoff on 5/12/09) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
May 1, 2009 Filing 3899 NOTICE of Opportunity to Object to Special Master's Bill dated 5/1/09 to Be Paid out of the Ephedra Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
April 7, 2009 Opinion or Order Filing 3898 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO.50) the Court hereby orders a rebate to plaintiffs (i.e., the clients, not the attorneys) in the 2% cases of 1/3 the amount that their case paid into the Expense Fund, as shown in the attachment to this Order. The checks shall be issued, signed and mailed by the Funds' accountant, Janice Page CPA, who is hereby authorized to open a checking account for that purpose and who shall serve without bond. The Special Master shall submit an initial payment order to transfer $250,000 from the Expense Fund into the checking account over which Ms. Page has signature authority and shall submit subsequent payment orders from time to time, with the goal of maintaining a balance that does not far exceed the amount covered by FDIC insurance. The payees of the checks issued by Ms. Page shall be the plaintiffs listed on the attachment to this Order, and Ms. Page shall mail the checks to the plaintiff's counsel as shown on the attachment unless counsel e-mails the Special Master a change of address before the checks are mailed. To give counsel an opportunity to e-mail the Special Master (james.niss@verizon.net) any comments about implementation of the rebate including corrections to names, addresses and amounts, Ms. Page shall not mail the first checks until at least ten days after this Order and attachment are filed on the Court's public Website. After the rebates have been paid, the two Funds shall be merged into a single Ephedra Plaintiffs' Common Benefit Fund, and the Special Master shall submit payment orders, in increments not exceeding $250,000, to transfer the residue except for the $60,000 reserve to the checking account maintained by Ms. Page. Ms. Page shall then issue and mail checks to the 18 law firms so that the residue is divided among them in the proportions set forth in Case Management Order No. 45 2. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/7/2009) Filed In Associated Cases: 1:04-md-01598-JSR et al.(jmi)
April 7, 2009 Filing 3897 NOTICE of to Plaintiffs' Counsel of Opportunity to Correct Errors in Rebate Checks to Plaintiffs in "2% Cases". Document filed by James Niss. (Niss, James)
April 7, 2009 Opinion or Order Filing 3896 ORDER the Clerk is hereby directed to issue a check for $250,000 to the order of "Ephedra Plaintiffs Common Benefit Fund" and send it by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE LLC, 122 East 42nd Street, New York, NY 10168. Ms. Page shall then distribute the proceeds as specified in Case Management Order No. 50. Funds for the $250,000 check shall be withdrawn from the Ephedra Plaintiffs' Common Expense Fund. SO ORDERED (Signed by Judge Jed S. Rakoff on 4/7/2009) Filed In Associated Cases: 1:04-md-01598-JSR et al.(jmi)
March 18, 2009 Opinion or Order Filing 3895 ORDER. The Court has received the Special Master's bills dated 2/2/09 and 3/2/09, together with notices filed electronically by the Special Master inviting parties to send comments or objections about the bill by letter to Chambers within ten days of the notices. No objections or comments were received. The Court has reviewed the bills and hereby approves them in the following amounts (by Date of Bill and Notice and the corresponding amount): 2/2/09, $1,629.44; 3/2/09, $2,750.00; Total $4,379.44. Accordingly, the Clerk of the Court is hereby directed to pay these invoices from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $4,379.44 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 3/16/09) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
March 11, 2009 Opinion or Order Filing 3894 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Thomas J. Preuss dated 3/5/09 re: I am writing to request my name and email address be removed from the ECF service list in the above-referenced matters. All of the cases that we have handled have been resolved. Therefore, please remove the following from the ECF service list: Thomas J. Preuss, tjpreuss@wcllp.com. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 3/10/09) (rjm)
March 5, 2009 Opinion or Order Filing 3893 ORDER. The Court has received the invoice of BALL BAKER LEAKE, LLC, dated December 31, 2008, in the amount of $855.28 together with a notice filed electronically by the Special Master inviting interested parties to send comments or objections about this invoice by letter to Chambers to be received on or before January 22, 2009. No objections or comments were received. After reviewing the invoice of BALL BAKER LEAKE, LLC, dated December 31, 2008, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $855.28 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE LLC, 122 East 42nd Street, New York, NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs' Common Expense Fund, which the C1erk is holding pursuant to Case Management Order No. 7 P 2(a). (Signed by Judge Jed S. Rakoff on 3/2/09) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
March 2, 2009 Opinion or Order Filing 3892 ORDER of USCA (Certified Copy) as to #2595 Notice of Appeal filed by John Giordano USCA Case Number 06-2071-cv. After the District Court's decision in this regard, any party to this appeal may restore jurisdiction to this court within thirty days by letter to the Clerks Office seeking review, without need for a new notice of Appeal. The clerk's office will then set a briefing schedule and refer the appeal to this panel for disposition without oral argument unless otherwise ordered. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 2/26/2009. (nd)
March 2, 2009 Filing 3891 NOTICE of Opportunity to Object to Special Master's Bill Dated 3/2/09, to be paid from the Ephedra Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
March 2, 2009 Appeal Remark as to #2595 Notice of Appeal filed by John Giordano USCA Case Number 06-2071-cv: re #3853 USCA Mandate returned back to US Court of Appeals, 2nd Circuit as per #3892 USCA Order. (nd)
March 2, 2009 Appeal Remark as to 2595 Notice of Appeal filed by John Giordano USCA Case Number 06-2071-cv: re 3853 USCA Mandate returned back to US Court of Appeals, 2nd Circuit as per 3892 USCA Order. (nd)
February 24, 2009 Opinion or Order Filing 3890 MEMORANDUM ORDER the answer to the question posed by the Court of Appeals (whether there is a genuine issue of material fact as to whether sufficient scientific or medical evidence was reasonably available to Giordano such that he could have ascertained the cause of his injury prior to March 2002") is Yes: there are genuine issues of material fact remaining to be resolved on virtually any view one takes of the meaning of 214-c(4). The parties are directed to bring this Memorandum Order promptly to the attention of the panel of the Court of Appeals that remanded the case to this Court. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/23/2009) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01018-JSR(jmi) Modified on 2/24/2009 (jmi). Modified on 2/25/2009 (jmi).
February 19, 2009 Filing 3889 REPLY to Response to Motion re: #3878 MOTION for Disbursement of Funds PCCS Notice Of Its Application For Final Distribution Of Ephedra MDL Common Benefit Fees. Response to the Dicus Plaintiffs' Opposition to the PCC's Motion for Final Distribution of Ephedra Common Benefit Funds and Cross-Motion for Per Case Maximum Assessment. Document filed by PCC. (Briggs, Russell)
February 16, 2009 Filing 3888 NOTICE of Opportunity to Object to Special Master's Bill Dated 2/2/09 to be paid out of the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
February 13, 2009 Filing 3887 MEMORANDUM OF LAW in Opposition re: #3878 MOTION for Disbursement of Funds PCCS Notice Of Its Application For Final Distribution Of Ephedra MDL Common Benefit Fees.. Document filed by Brylyn Laakeahoakalani Silva, Janessa Lynn Kaleialoha Dicus, Karen Richardson, Bryn Kalikolehua Dicus. (Gallagher, Mark)
February 6, 2009 Filing 3886 SEALED DOCUMENT placed in vault.(jri)
January 30, 2009 Filing 3885 MOTION to Approve N.V.E. Trustee to reimburse the beneficiaries and their counsel who advanced the mediation costs PCCs Motion To Reimburse N.V.E. Claimants Pursuant To Section 5.01(c) Of The N.V.E. Trust Agreement, As Amended. Document filed by Plaintiffs' Coordinating Counsel. Return Date set for 2/13/2009 at 05:00 PM. (Attachments: #1 Exhibit 01)(O'Leary, Leslie)
January 30, 2009 Filing 3884 NOTICE of PCC's Motion to Reimburse NVE Claimants Pursuant to Section 5.01(c) of the NVE Trust Agreement as Amended. Document filed by Plaintiffs' Coordinating Counsel. (O'Leary, Leslie)
January 30, 2009 Filing 3883 MOTION to Approve MII Mediation Trustee to reimburse the claimants and their counsel who advanced the mediation costs PCC's Motion to Reimburse MII Mediation Claimants Pursuant to Section 5.01(c) of the MII Trust Agreement, as Amended. Document filed by Plaintiffs' Coordinating Counsel. Return Date set for 2/13/2009 at 05:00 PM. (Attachments: #1 Exhibit 01)(O'Leary, Leslie)
January 30, 2009 Filing 3882 NOTICE of PCC's Motion to Reimburse MII Mediation Claimants Pursuant to Section 5.01(c) of the MII Trust Agreement, as Amended. Document filed by Plaintiffs' Coordinating Counsel. (O'Leary, Leslie)
January 30, 2009 Filing 3881 MEMORANDUM OF LAW in Support re: #3880 MOTION to Approve Plaintiffs hereby request that the allocation of fees and expenses be modified to provide for a 1% allocation for expenses and a 5% allocation for attorneys fees for all MDL cases. PCCS Motion For Partial Rebate Of Comm PCCS Memorandum In Support Of Partial Rebate Of Common Fund Expense Assessment. Document filed by PCC. (O'Leary, Leslie)
January 30, 2009 Filing 3880 MOTION to Approve Plaintiffs hereby request that the allocation of fees and expenses be modified to provide for a 1% allocation for expenses and a 5% allocation for attorneys fees for all MDL cases. PCCS Motion For Partial Rebate Of Common Fund Expense Assessment. Document filed by PCC. Return Date set for 2/13/2009 at 05:00 PM.(O'Leary, Leslie)
January 30, 2009 Filing 3879 MEMORANDUM OF LAW in Support re: #3878 MOTION for Disbursement of Funds PCCS Notice Of Its Application For Final Distribution Of Ephedra MDL Common Benefit Fees. PCCS Memorandum In Support Of Its Motion For Final. Document filed by Plaintiffs' Coordinating Counsel. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03)(O'Leary, Leslie)
January 30, 2009 Filing 3878 MOTION for Disbursement of Funds PCCS Notice Of Its Application For Final Distribution Of Ephedra MDL Common Benefit Fees. Document filed by Plaintiffs' Coordinating Counsel. Return Date set for 2/13/2009 at 05:00 PM.(O'Leary, Leslie)
January 21, 2009 Opinion or Order Filing 3876 ORDER. The Court has received the Special Master's bills dated 11/3/08, 12/1/08, and 1/2/09, together with notices filed electronically by the Special Master on the same dates inviting parties to send comments or objections about the bill by letter to Chambers within ten days of the notices. No objections or comments were received. The Court has reviewed the bills and hereby approves them in the following amounts: 11/3/08, $5,929.00; 12/1/08, $1,125.00; 1/2/09, $2,800.00; TOTAL $9,854.00. Accordingly, the Clerk of the Court is hereby directed to pay these invoices from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $9,854.00 to the order of James Niss and sending it by trackablemail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 1/17/09) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
January 16, 2009 Opinion or Order Filing 3875 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Marcy D. Sheinwold dated 1/5/09 re: Request to remove attorney Marcy D. Sheinwold from the electronic mail notice list for this litigation. ENDORSEMENT: So Ordered., Attorney Marcy Dorothy Sheinwold terminated. (Signed by Judge Jed S. Rakoff on 1/12/09) (rjm)
January 13, 2009 Filing 3877 SEALED DOCUMENT placed in vault.(rt)
January 12, 2009 Filing 3874 NOTICE of Opportunity to Object to CPA's Bill Dated 12/31/09 to be paid out of the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
January 2, 2009 Filing 3873 NOTICE of Opportunity to Object to Special Master's Bill Dated 1/2/09 to be paid out of the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
December 17, 2008 Opinion or Order Filing 3872 ORDER SUGGESTING REMAND on PLAINTIFF'S REQUEST FOR SUGGESTION OF REMAND. Pretrial proceedings in this case having been completed, plaintiffs request for a suggestion of remand is hereby granted upon consent of all parties... and as further set forth. (Signed by Judge Jed S. Rakoff on 12/16/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(rjm)
December 1, 2008 Filing 3871 NOTICE of Opportunity to Object to Special Master's Bill Dated 12/1/08 to be paid out of the Ephedra Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
November 20, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark Gallagher to RE-FILE Document #3870 MOTION Ex Parte Application of Plaintiffs for an Order Permitting Settlement of Minors' Claims. ERROR(S): Supporting documents must be filed individually. Use event type Affidavit in Support found under Replies, Oppositions, Supporting Documents. (jar)
November 20, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark Gallagher to RE-FILE Document 3870 MOTION Ex Parte Application of Plaintiffs for an Order Permitting Settlement of Minors' Claims. ERROR(S): Supporting documents must be filed individually. Use event type Affidavit in Support found under Replies, Oppositions, Supporting Documents. (jar)
November 20, 2008 Filing 3870 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Ex Parte Application of Plaintiffs for an Order Permitting Settlement of Minors' Claims. Document filed by Laurence Budwig. (Attachments: #1 Affidavit Mark F. Gallagher)(Gallagher, Mark) Modified on 11/21/2008 (jar).
November 3, 2008 Filing 3869 NOTICE of Opportunity to Object to Special Master's Bill Dated 11/3/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
October 23, 2008 Opinion or Order Filing 3868 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Greg M. Gaebe dated 10/17/08 re: request that the name of Greg M. Gaebe and email address be removed from the ECF Service List. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 10/22/08) (rjm)
October 23, 2008 Opinion or Order Filing 3867 ENDORSED LETTER addressed to Judge Jed S. Rakoff from James W. Ozog dated 10/15/08 re: request to remove the name of James W. Ozog from the ECF service list. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 10/22/08) (rjm)
October 16, 2008 Opinion or Order Filing 3866 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Daniel J. Dugan dated 10/10/08 re: This is to request that my name and e-mail address be removed from the ECF service list in the above-referenced matter: Daniel J. Dugan ddugan@lawsgr.com. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 10/15/08) (rjm)
October 16, 2008 Filing 3865 FIRST OPPOSITION BRIEF re: (3844 in 1:04-md-01598-JSR, 3844 in 1:04-md-01598-JSR, 157 in 1:05-cv-01018-JSR, 157 in 1:05-cv-01018-JSR) Order, Set Deadlines/Hearings,,,,. Document filed by Chemins Company Inc, The, Chemins Company, Inc..Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01018-JSR(Stolarski, Edward)
October 15, 2008 Opinion or Order Filing 3864 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 9/30/08, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $495.00 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. To Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 10/14/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
October 15, 2008 Opinion or Order Filing 3863 ORDER... After reviewing the Special Master's bill dated 10/1/08, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $4,249.92 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 10/14/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
October 10, 2008 Opinion or Order Filing 3862 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Joseph Poe dated 10/2/08 re: Joseph Poe requests that his name and email address be removed from the ECF service list in this matter. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/8/08) (tro)
October 2, 2008 Opinion or Order Filing 3861 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Michael L. Klein dated 6/9/08 re: removal of name & email of Michael L. Klein from the ECF service list. ENDORSEMENT: "It is so Ordered." (Signed by Judge Jed S. Rakoff on 9/29/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04234-JSR(rjm)
October 1, 2008 Filing 3860 NOTICE of Opportunity to Object to CPA's Bill Dated 10/1/08 to be paid out of the Ephedra Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
October 1, 2008 Filing 3859 NOTICE of Opportunity to Object to Special Master's Bill Dated 10/1/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
October 1, 2008 Filing 3858 TRANSCRIPT of proceedings held on 7/14/08, 5:15pm before Judge Jed S. Rakoff. (rjm)
September 29, 2008 Opinion or Order Filing 3857 STIPULATION AND ORDER OF DISMISSAL that any and all claims asserted and/or assertable by Plaintiff, Katherine Cowsert in the captioned lawsuit is dismissed with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/26/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-00484-JSR(rjm)
September 24, 2008 Opinion or Order Filing 3856 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 49) Regarding the procedures to be followed that shall govern the handling of this Status Order (including Case Management Order No. 49)... and as further set forth. Settlement hearings set for 10/20/2008 at 04:30 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 9/22/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
September 24, 2008 Filing 3855 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Sonja Lambert- against Defendant(s) -RS OLDCO, Inc., RL OLDCO, Inc., and Nutrition USA, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/17/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-03789-JSR(rjm)
September 24, 2008 Opinion or Order Filing 3854 ENDORSED LETTER addressed to Judge Jed S. Rakoff from David E. Cherry dated 9/17/08 re: request to remove the name of David E. Cherry from the ECF service list in the referenced matters. ENDORSEMENT: "So Ordered." (Signed by Judge Jed S. Rakoff on 9/23/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00143-JSR, 1:05-cv-00146-JSR, 1:05-cv-04713-JSR, 1:05-cv-04715-JSR(rjm)
September 18, 2008 Filing 3853 MANDATE of USCA (Certified Copy) as to #2595 Notice of Appeal filed by John Giordano USCA Case Number 06-2071-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 9/11/2008. (nd)
September 18, 2008 Transmission of USCA Mandate/Order to the District Judge re: 3853 USCA Mandate,. (nd)
September 18, 2008 Transmission of USCA Mandate/Order to the District Judge re: #3853 USCA Mandate,. (nd)
September 16, 2008 Opinion or Order Filing 3852 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 8/31/08, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $935.00 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 9/16/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
September 16, 2008 Opinion or Order Filing 3851 ORDER... After reviewing the Special Master's bill dated -9/2/08-, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $-1,925.00- to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 9/16/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
September 5, 2008 Filing 3850 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 9/11/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
September 4, 2008 Filing 3849 NOTICE of Opportunity to Object to CPA's Bill Dated 8/31/08, to be paid from the Ephedra Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
September 2, 2008 Filing 3848 NOTICE of Opportunity to Object to Special Master's Bill Dated 9/2/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
August 28, 2008 Filing 3847 NOTICE of Substitution of Attorney. Old Attorney: Edward J. Stolarski, Jr., New Attorney: Edward J. Stolarski, Jr., Address: Post & Post, LLC, 200 Berwyn Park, Suite 102, 920 Cassatt Road, Berwyn, Pennsylvania, USA 19312, (484) 913-3029. Document filed by The Chemins Company Inc.. (Stolarski, Edward)
August 26, 2008 Opinion or Order Filing 3846 ORDER; Accordingly, the Clerk of the Court is hereby directed to pay thee invoices set forth on this Order from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $22,112.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 8/22/2008) (jp)
August 25, 2008 Opinion or Order Filing 3845 ENDORSED LETTER: Addressed to Judge Jed S. Rakoff from Robert A. Valdez dated August 19, 2008, re: We are writing to request the undersigned be removed from the ECF service list in the above-referenced matter. All of the cases that we have handled have been settled. Therefore, please remove the name and e-mail address of the following attorneys from the ECF list: Javier T. Duran: jduran@shelton-valadez.com and Robert A. Valadez:rvaladez@shelton-valadez. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/22/2008) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08317-JSR, 1:05-cv-09650-JSR, 1:06-cv-01474-JSR(rw)
August 21, 2008 Opinion or Order Filing 3844 ORDER. Accordingly, the plaintiff is directed to file, on or before September 15, 2008 appropriate evidentiary submissions as set forth herein; On or before October 6, defendants sall file any responsive papers. With each filing, each respective party shall deliver courtesy copies to Chambers, and shall e-mail a complete set of papers to the Special Master. There shall be no reply papers. Oral argument will be heard on October 17 at 4:00 p.m. (Responses due by 10/6/2008, Oral Argument set for 10/17/2008 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 8/20/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01018-JSR(djc)
August 19, 2008 Opinion or Order Filing 3843 ORDER: After reviewing the invoice of Ball Baker Leake, LLC, dated 7/31/08, the Court hereby approves it and directs the Clerk to issue a check to the order of Ball Baker Leake, LLC in the amount of $1,930.00 and to send the check by trackable mail or courier to Janice Page CPA, Ball Baker Leake, LLC, 122 East 42nd Street, New York, NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs' Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 paragraphs 2(a). (Signed by Judge Jed S. Rakoff on 8/18/08) A Copy of this Order has been forwarded to the Cashier's Office Rm. 120 via inter-office envelope on 8/19/08. Filed In Associated Cases: 1:04-md-01598-JSR et al.(tro)
August 5, 2008 Filing 3841 NOTICE of Opportunity to Object to CPA's Bill to Be Paid out of the Ephedra Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
August 1, 2008 Filing 3840 NOTICE of Opportunity to Object to Special Master's Bill Dated 8/1/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
July 29, 2008 Opinion or Order Filing 3839 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 48). The next Status Conference is set for 9/11/2008 at 04:30 PM before Judge Jed S. Rakoff. Upon the Court's own motion with notice, the 23 cases listed in the Exhibit annexed to this order are dismissed with prejudice. The Court's motion to dismiss was unopposed in 19 of the cases. Opposition papers were filed by counsel for plaintiffs in four nearly identical putative class actions alleging violations of state consumer fraud statutes: 06-7881, 07-6356, 06-2987, 07-2721. After hearing oral argument, the Court dismissed these cases with prejudice because of plaintiffs' failure to prosecute them as required by briefing schedules set by the Court and applicable case management orders. A motion by Howard W. Erichson, professor of law at Fordham University, for payment of $30,000.00 for ethics consultations in connection with the Metabolife and NVE mediations was granted as unopposed. A separate order will issue directing the Clerk to make the payment from the Ephedra Plaintiffs' Common Expense Fund. (Signed by Judge Jed S. Rakoff on 7/28/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
July 29, 2008 Opinion or Order Filing 3838 ORDER OF PAYMENT that the Clerk is directed to issue a check for $30,000.00 to the order of Howard W. Erichson and hand it over to a person sent for it by the Firm Brown, Rudnick, Berlack & Israels, LLP in exchange for a receipt on the Firm's letterhead identifying the check by amount and payee and signed and dated by the person receiving the check. The Clerk shall preserve the receipt and the files of the Fund. (Signed by Judge Jed S. Rakoff on 7/28/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
July 22, 2008 Opinion or Order Filing 3836 ORDER FOR DISTRIBUTION OF NVE TRUST ASSETS AND APPROVING SETTLEMENT... that the settlement is approved as set out above and that the NVE Trustee is ordered and instructed to disburse the settlement funds consistent with the language of this Order... and as further set forth in said order. This Document relates to 04md1598, 06-13024 and 07-1326. (Signed by Judge Jed S. Rakoff on 7/21/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-01326-JSR(rjm) Modified on 7/24/2008 (rjm).
July 15, 2008 Opinion or Order Filing 3835 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 6/30/08, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $909.27 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 7/14/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
July 9, 2008 Opinion or Order Filing 3834 ORDER SEALING MINOR PETITION FOR SETTLEMENT. It is hereby Ordered, that document #123 and its related filings, Document Numbers 124, 125, 126, 127, 128, 129, are hereby sealed and removed from the ECF docket. It is further ordered that the Clerk of the Court is directed to seal these documents in the docket so that they are not available for public view. (Signed by Judge Jed S. Rakoff on 7/8/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(rjm)
July 8, 2008 Filing 3833 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 7/14/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
July 8, 2008 Filing 3832 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) Roberta M. Stear and Timothy L. Stear, Jr. against Defendant(s) Salons Only, Inc., a California Corporation, and any and all claims asserted and/or assertable by Cross-Claimants Salons Only, Inc. and GMP Laboratories of America, Inc., a California corporation in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/7/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04234-JSR(rjm)
July 1, 2008 Filing 3831 NOTICE of Opportunity to Object to CPA's Bill to Be Paid out of Ephedra Plaintiffs Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
July 1, 2008 Filing 3830 NOTICE of Opportunity to Object to Special Master's Bill Dated 7/1/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
June 26, 2008 Opinion or Order Filing 3829 STIPULATION AND ORDER OF DISMISSAL with prejudice of the Plaintiffs' Complaint against the Defendants, with each Party to bear its own costs and attorneys' fees. all claims of the Plaintiff, Hasani JOnews, against the Defendant, MuscleTech Researdh & Development, Inc are hereby dismissed, with prejudice. (Signed by Judge Jed S. Rakoff on 6/25/08) (djc)
June 18, 2008 Filing 3828 ENDORSED LETTER addressed to Judge Jed S. Rakoff from C. Brenton Kugler dated 6/12/08 re: Request that the Court remove the name & email address of C. Brenton Kugler from the Court's electronic service list for the master case. ENDORSEMENT: It is hereby ordered that C. Brenton Kugler is hereby removed from the ECF service in the referenced matter. So Ordered. (rjm)
June 18, 2008 Opinion or Order Filing 3827 ENDORSED LETTER addressed to Judge Jed S. Rakoff from M. Patrick McShan dated 6/12/08 re: Request that the Court remove the name & email address of M. Patrick McShan from the Court's electronic service list for the master case. ENDORSEMENT: It is hereby ordered that M. Patrick McShan is hereby removed from the ECF service in the referenced matter. So Ordered. (Signed by Judge Jed S. Rakoff on 6/17/08) (rjm)
June 18, 2008 Opinion or Order Filing 3826 ENDORSED LETTER addressed to Judge Jed S. Rakoff from D. Michael Huckabay, Jr. dated 6/11/08 re: Request that the undersigned attorney(s)D. Michael Huckabay, Jr., John O. Paynbe, be removed from the ECF service list. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 6/17/08) (rjm)
June 17, 2008 ***DELETED DOCUMENT. Deleted document number 3818 ORDER. The document was incorrectly filed in this case. (rjm)
June 17, 2008 Opinion or Order Filing 3817 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 6/4/08, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $590.00 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 6/16/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
June 12, 2008 Opinion or Order Filing 3816 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 47): Status Conference set for 7/14/2008 at 04:30 PM before Judge Jed S. Rakoff... and as further set forth regarding the procedures to be followed that shall govern the handling of Status Order (including Case Management Order No. 47). (Signed by Judge Jed S. Rakoff on 6/10/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
June 11, 2008 Opinion or Order Filing 3815 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Michael W. Newport dated 6/3/08 re: removal of attorney Michael W. Newport from ecf service list. ENDORSEMENT: So Ordered., Attorney Michael Wilder Newport terminated. (Signed by Judge Jed S. Rakoff on 6/11/08) (rjm)
June 11, 2008 Opinion or Order Filing 3814 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Ashley S. Heslop dated 6/5/08 re: Request that Bio-Mark International, Inc. be removed from all future e-mails. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 6/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00089-JSR(rjm)
June 11, 2008 Filing 3813 MEMORANDUM OF LAW in Support re: #3812 MOTION Reimbursement of Fees from the MDL Expense Fund /Notice of Filing and Application for Reimbursment of Fees from the MDL Expense Fund on behalf of Professor Howard M. Erichson.. Document filed by PCC. (Attachments: #1 Exhibit A, #2 Exhibit B)(McKelvin, Jodi)
June 11, 2008 Filing 3812 MOTION Reimbursement of Fees from the MDL Expense Fund /Notice of Filing and Application for Reimbursment of Fees from the MDL Expense Fund on behalf of Professor Howard M. Erichson. Document filed by PCC. Return Date set for 6/25/2008 at 04:30 PM.(McKelvin, Jodi)
June 11, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Jodi K. McKelvin to RE-FILE Document 3811 Notice (Other), Notice (Other). Use the document type Attorney Fees (if not Attorney Fees, then Miscellaneous Relief) found under the document list Motions. REMINDER - any Supporting documents (Memorandum in Support of Motion) MUST be filed separately under the prompt Replies, Oppositions and Supporting Documents, then linked to the newly filed Motion. (db)
June 11, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Jodi K. McKelvin to RE-FILE Document #3811 Notice (Other), Notice (Other). Use the document type Attorney Fees (if not Attorney Fees, then Miscellaneous Relief) found under the document list Motions. REMINDER - any Supporting documents (Memorandum in Support of Motion) MUST be filed separately under the prompt Replies, Oppositions and Supporting Documents, then linked to the newly filed Motion. (db)
June 10, 2008 Filing 3811 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of of Filing of the Application of Professor Howard M. Erichson for Reimbursement of Fees from the MDL Expense Fund. Document filed by PCC. (Attachments: #1 Memorandum and Exhibits in Support of Application for Reimbursement of Fees to Professor Howard M. Erichson)(McKelvin, Jodi) Modified on 6/11/2008 (db).
June 4, 2008 Filing 3810 MOTION to Dismiss with Prejudice 23 Listed Cases on the Court's Own Motion. Document filed by James Niss. Responses due by 7/7/2008 Return Date set for 7/14/2008 at 04:30 PM.(Niss, James)
June 4, 2008 Filing 3809 NOTICE of Opportunity to Object to CPA's Bill to Be Paid out of Ephedra Plaintiffs Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
June 3, 2008 Opinion or Order Filing 3808 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Barry L. Bobbitt dated 5/21/08 re: Request for Barry L. Bobbitt to be removed from the Court's electronic service list for the master case. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 6/2/08) (rjm)
June 3, 2008 Opinion or Order Filing 3807 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Greg Mondelli dated 5/28/08 re: The removal of Greg Mondelli from the ECF service list in the referenced matter. ENDORSEMENT: It is hereby ordered that Greg M. Mondelli is hereby removed from the ECF service list in the above-referenced matter. So Ordered. (Signed by Judge Jed S. Rakoff on 6/2/08) (rjm)
June 2, 2008 Filing 3806 NOTICE of Opportunity to Object to Special Master's bill dated 6/2/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
May 30, 2008 Filing 3805 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 6/5/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
May 28, 2008 Opinion or Order Filing 3804 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 46); At the monthly status conference held on 5/8/08, the Court made rulings, which are hereby confirmed (and in some instances modified and supplemented) as set forth in this Status Order; The next status conference will be held as previously announced at 4:30 p on Thursday, June 5, 2008. A motion by plaintiff Sonja Lambert to dismiss with prejudice all claims of plaintiff David Lambert in Sonja Lambert et al., v. Rexall Sundown, No. 07 civ. 3789, was granted as unopposed. By separate order, the Court dismissed all claims against some but not all defendants in Gyani v. MII Liquidations et al., Inc., No. 05 Civ. 2367. To the extent that any federal stay is in effect against prosecuting the remaining claims, such stay is hereby vacated, and the case is remanded to Supreme Court of the State of New York, County of Nassau (Index No. 016302/04). A motion by MII Liquidation Inc. et al. to dismiss with prejudice the 254 cases listed in Exhibit A to this Case Management Order was granted as unopposed. These cases were settled in the Metabolife bankruptcy, and the settlement proceeds are being or have been distributed pursuant to the MII Mediation Trust Agreement. A motion by David Higgins, Trustee, for Court approval of the First Amended to NVE Ehedra Claimants Trust Agreement is granted as unopposed; The Court granted an unopposed motion by the PCC for payment of $222,192.38 from the Ephedra Plaintiffs' Common Expense Fund for the 2008 fees and expenses of the PCC subcommittee appointed to gather and audit all fees and expense requests of the 18 firms who worked for the common benefit of all plaintiffs. A separate payment order shall issue. (Signed by Judge Jed S. Rakoff on 5/27/08) Filed In Associated Cases Only Pursuant to Chambers' Instructions: 1:04-md-01598-JSR, 1:06-cv-1368-JSR, 1:06-cv-1371-JSR, 1:06-cv-1370-JSR, 1:05-cv-06829-JSR, 1:06-cv-04522-JSR, 1:06-cv-04524-JSR, 1:06-cv-1367(ae)
May 28, 2008 Opinion or Order Filing 3803 ORDER OF PAYMENT that the Clerk is directed to issue a check for $222,192.38 to the order of Brown, Rudnick, Berlack & Israels, LLP and hand it over to a person sent for it by the Firm in exchange for a receipt on the Firm's letterhead identifying the check by amount and payee and signed and dated by the person receiving the check. The Clerk shall preserve the receipt in the files of the Fund. The Firm shall then distribute the funds in accordance with Exhibit 05 to the PCC's Memorandum In Support of Second Supplemental Application For Reimbursement of Fees and Expenses of Common Benefit Subcommittee filed on 4/3/08. (Signed by Judge Jed S. Rakoff on 5/27/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
May 27, 2008 Filing 3802 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Angela Holster, Andrew Cross, Charles "Cody" Pate, and Stephen Holster- against Defendant(s) -MII Liquidation, Inc. f.k.a. Metabolife International, Inc., The Chemins Company, Inc., and The Emerald Beach Tan Club & Boutique, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 5/27/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06636-JSR(rjm)
May 19, 2008 Filing 3801 OPPOSITION BRIEF to notice of trustee's proposed first amendment to the MII mediation trust agreement and request for accelerated consideration with respect thereto. Document filed by Starr Excess Insurance Company. (Attachments: #1 Declaration of Gaylord Smith, #2 Affidavit Affidavit of Gregory J. Mayer)(Hayum, Edward)
May 15, 2008 Opinion or Order Filing 3800 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Holly Baer Kammerer dated 5/9/08 re: Removal of attorney Holly Baer Kammerer from ECF Service List. ENDORSEMENT: "So Ordered." (Signed by Judge Jed S. Rakoff on 5/14/08) (rjm)
May 15, 2008 Opinion or Order Filing 3799 PLAINTIFF'S STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO ALL DEFENDANTS... that any and all claims asserted and/or assertable by Plaintiff(s) Karolyn Mark against Defendant(s) including Metabolife International Inc., The Chemins Company, Alpine Manufacturing, Inc., and Walgreen Co., in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 5/14/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04271-JSR(rjm)
May 15, 2008 Filing 3798 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) Joaquin Buckley, a Minor, by and through his legal Guardian, Peggy Brooks against Defendant(s) Vitamin World, Inc., in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 5/14/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03898-JSR(rjm)
May 13, 2008 Opinion or Order Filing 3797 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 4/30/08, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $1,325.77 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 5/12/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
May 13, 2008 Opinion or Order Filing 3796 ORDER... After reviewing the Special Master's bill dated 5/1/08, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $5,754.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 5/12/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
May 13, 2008 Opinion or Order Filing 3795 ORDER OF PAYMENT that the Clerk is directed to issue a check for $90,000.00 to the order of John K. Trotter and hand it over to a person sent for it by the Firm Brown, Rudnick, Berlack & Israels, LLP in exchange for a receipt on the Firm's letterhead identifying the check by amount and payee and signed and dated by the person receiving the check. The Clerk shall preserve the receipt and the files of the Fund. (Signed by Judge Jed S. Rakoff on 5/12/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
May 13, 2008 Opinion or Order Filing 3794 STIPULATION OF DISMISSAL WITH PREJUDICE OF CERTAIN DEFENDANTS... that any and all claims asserted and/or assertable by Plaintiff(s) Gupreet Gyani and Raminder S. Oberoi against Defendant(s) MII Liquidation, Inc. f/k/a Metabolife International, Inc., General Nutrition Centers, Inc., GNC Corporation, Klein-Becker USA, CVS Corporation, CVS STORE #0542 and Cytodyne Technologies, Inc., Xenadrine UK, C.R. Lopez, M.D., John Smathian, M.D., and Vidya H. Patel, M.D. in the captioned lawsuit shall be dismissed by the Court with prejudice pursuant to FRCP 41(a)(1)(ii)... each party shall bear its own costs and fees... and as further set forth in said Stipulation and Order of Dismissal. (Signed by Judge Jed S. Rakoff on 5/9/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-02367-JSR(rjm)
May 8, 2008 Opinion or Order Filing 3793 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Baxter W. Banowsky dated 5/1/08 re: request that Baxter W. Banowsky be removed from the ECF Service List in the referenced actions wherein all claims against our client have been settled. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 5/7/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03021-JSR(rjm)
May 2, 2008 Filing 3792 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 5/8/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
May 1, 2008 Filing 3790 NOTICE of Trustee's Proposed First Amendment To The NVE Ephedra Claimants Trust Agreement And Request For Accelerated Consideration With Respect Thereto. Document filed by David M. Higgins Of The Settlement Law Group. (Molton, David)
May 1, 2008 Filing 3789 NOTICE of Trustee's Proposed First Amendment To The MII Mediation Trust Agreement And Request For Accelerated Consideration With Respect Thereto. Document filed by David M. Higgins Of The Settlement Law Group. (Molton, David)
May 1, 2008 Filing 3788 NOTICE of Opportunity to Object to CPA's Bill to Be Paid out of Ephedra Plaintiffs Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
May 1, 2008 Filing 3787 NOTICE of Opportunity to Object to Special Master's Bill Dated 5/1/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
May 1, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Anne Andrews to RE-FILE Document #3785 Notice (Other), Notice (Other). Use the document type Miscellaneous Relief (Type in Specific Relief When Prompted) found under the document list Motions. This Error Relates to All Actions in Which the Incorrect Notice Entry was Entered. (db)
May 1, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Anne Andrews to RE-FILE Document #3786 Notice (Other), Notice (Other). ERROR(S): Supporting Document must be attached to Corrected Motion. This Error Relates to All Actions in Which the Incorrect Notice Entry was Entered. (db)
May 1, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Anne Andrews to RE-FILE Document 3785 Notice (Other), Notice (Other). Use the document type Miscellaneous Relief (Type in Specific Relief When Prompted) found under the document list Motions. This Error Relates to All Actions in Which the Incorrect Notice Entry was Entered. (db)
May 1, 2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Anne Andrews to RE-FILE Document 3786 Notice (Other), Notice (Other). ERROR(S): Supporting Document must be attached to Corrected Motion. This Error Relates to All Actions in Which the Incorrect Notice Entry was Entered. (db)
April 30, 2008 Filing 3786 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Affidavit of John C. Thornton in Support of Motion for Reimbursement of Expenses Incurred by Andrews & Thornton Prior to the Assignment of MDL 1598. Document filed by John C Thornton. Filed In Associated Cases: 1:04-md-01598-JSR et al.(Andrews, Anne) Modified on 5/1/2008 (db).
April 30, 2008 Filing 3785 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Notice of Motion and Motion for Reimbursement of Expenses Incurred by Andrews & Thornton Priror to the Assignment of MDL 1598. Document filed by John C Thornton. Filed In Associated Cases: 1:04-md-01598-JSR et al.(Andrews, Anne) Modified on 5/1/2008 (db).
April 30, 2008 Filing 3784 MEMORANDUM OF LAW in Support re: #3782 MOTION to Dismiss Claims of Plaintiff David Lambert with Prejudice (Unopposed).. Document filed by Sonja Lambert. (Attachments: #1 Exhibit A to Memorandum - Affirmation of David Rosenblum, #2 Exhibit 1 to Rosenblum Affirmation, #3 Exhibit 2 to Rosenblum Affirmation, #4 Exhibit 3 to Rosenblum Affirmation, #5 Exhibit 4 to Rosenblum Affirmation, #6 Exhibit 5 to Rosenblum Affirmation, #7 Exhibit B to Memorandum - Unopposed Order of Dismissal with Prejudice of Plaintiff David Lambert)(Suffern, Michael)
April 30, 2008 Filing 3782 MOTION to Dismiss Claims of Plaintiff David Lambert with Prejudice (Unopposed). Document filed by Sonja Lambert.(Suffern, Michael)
April 29, 2008 Filing 3783 STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION... that any and all claims asserted and/or assertable by Plaintiff(s) -Kathleen M, Brown and Sterling Ray Brown- against Defendant(s) -MII Liquidations, Inc. f.k.a. Metabolife International, Inc., Alpine Health Products, LLC, including any said claims against unnamed parties American Drug Stores, LLC and/or American Drug Stores, Inc. d/b/a OSCO and Hy-Vee- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/24/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06638-JSR(rjm)
April 29, 2008 Filing 3781 STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION... that any and all claims asserted and/or assertable by Plaintiff(s) -James Carter, deceased, and Deborah Carter- against Defendant(s) -MII Liquidations, Inc. f.k.a. Metabolife International, Inc., including any said claims against unnamed parties American Drug Stores, LLC and/or American Drug Stores, Inc. d/b/a OSCO- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/24/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06646-JSR(rjm).
April 29, 2008 Opinion or Order Filing 3780 ORDER... After reviewing the Special Master's bill dated 4/1/08, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $10,554.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 4/28/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
April 29, 2008 Opinion or Order Filing 3779 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 4/1/08, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $2,089.81 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 4/28/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
April 28, 2008 Filing 3791 CERTIFIED TRUE COPY OF MDL CONDITIONAL REMAND OUT ORDER FROM THE MDL PANEL...Pursuant to 28 U.S.C. 1407, this action, Russell Wilburn v NVE, Inc., etal., SDNY C.A. No. 1:06-13046 (D. New Jersey, C.A. No. 2:06-4772) is remanded from the U.S.D.C. (S.D.N.Y) to the transferor court United States District Court - District of New Jersey. (Signed by MDL Panel on 4/7/08) (rjm)
April 23, 2008 Opinion or Order Filing 3778 ORDER... that the Clerk is directed to issue a check for $8 million to the order of the Brown, Rudnick, Berlack & Israels, LLP and deliver it to a person sent by the Firm in exchange for a receipt on the Firms letterhead identifying the check by amount and payee and signed and dated by the person receiving the check. The Clerk shall preserve the receipt in the files of the Fund. The Firm shall then distribute the proceeds as specified in Case Management Order No. 45 P 2. Funds for the $8 million check shall be withdrawn from the Ephedra Plaintiffs Common Fee Fund. (Signed by Judge Jed S. Rakoff on 4/22/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
April 22, 2008 Opinion or Order Filing 3777 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 45) Status Conference set for 5/8/2008 at 4:30 PM before Judge Jed S. Rakoff. A separate order will be entered directing the Clerk to pay the $8 million to the PCC's nominee, Brown, Rudnick, Berlack & Israels LLP, which shall then distribute it among the law firms listed in Column A of the PCC's Revised Exhibit 5 to its motion papers... Upon their respective motions and without objection, Prof. Eric D. Green's invoice for $34,919.37 in mediation fees and the invoice of John K. Trotter Esq. for $90,000.00 in mediation fees are approved... and as further set forth in said Status Order (including Case Management Order No. 45). (Signed by Judge Jed S. Rakoff on 4/21/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
April 15, 2008 Filing 3776 MOTION to Dismiss With Prejudice, the Metabolife Global Settlement Cases. Document filed by Metabolife International Inc..(Littrell, Rex)
April 11, 2008 Filing 3775 TRANSCRIPT of proceedings held on 4/3/08, 4:55pm before Judge Jed S. Rakoff. (rjm)
April 3, 2008 Filing 3774 MEMORANDUM OF LAW in Support re: #3773 Notice (Other) PCC's Memorandum in Support of Second Supplemental Application for Reimbursement of Fees and Expenses of Common Benefit Subcommittee. Document filed by PCC. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05)(O'Leary, Leslie)
April 3, 2008 Filing 3773 NOTICE of of PCC's Second Supplemental Application for Reimbursement of Fees and Expenses of Common Benefit Subcommittee. Document filed by PCC. (O'Leary, Leslie)
April 1, 2008 Filing 3772 STIPULATION TO DISMISS that the said cause 05cv2474, be dismissed with prejudice... without costs to either party, all costs having been paid. (Signed by Judge Jed S. Rakoff on 3/28/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-02474-JSR(rjm)
April 1, 2008 Filing 3771 NOTICE of Opportunity to Object to CPA's Bill to Be Paid out of Ephedra Plaintiffs Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
April 1, 2008 Filing 3770 NOTICE of Opportunity to Object to Special Master's Bill Dated 4/1/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
March 28, 2008 Filing 3769 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 4/3/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
March 18, 2008 Filing 3768 TRANSCRIPT of proceedings held on 3/6/2008 before Judge Jed S. Rakoff. (jp)
March 17, 2008 Filing 3767 MEMORANDUM OF LAW in Support re: #3765 MOTION Reimbursement of Fees and Expenses from the MDL Expense Fund /Notice of Filing of the Joint Application of the Metabolife CRF Referee and CRF Appeal Referee for Reimbursement of Fees and Expenses from the MDL Expense Fund. Memorandum of the Metabolife CRF Referee and CRF Appeal Referee in Support of Their Joint Application for Reimbursement of Fees and Expenses from the MDL Expense Fund.. Document filed by Metabolife Claims Resolution Facility Referee and Metabolife CRF Appeal Referee. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit B)(Smith, Steven)
March 17, 2008 Filing 3766 FILING ERROR - DUPLICATED DOCKET ENTRY - (SEE DOC. #3765) MOTION Reimbursement of Fees and Expenses from the MDL Expense Fund /Notice of Filing of the Joint Application of the Metabolife CRF Referee and CRF Appeal Referee for Reimbursement of Fees and Expenses from the MDL Expense Fund. Document filed by Metabolife Claims Resolution Facility Referee and Metabolife CRF Appeal Referee. Return Date set for 4/3/2008 at 04:30 PM.Filed In Associated Cases: 1:04-md-01598-JSR et al.(Smith, Steven) Modified on 3/25/2008 (kco).
March 17, 2008 Filing 3765 MOTION Reimbursement of Fees and Expenses from the MDL Expense Fund /Notice of Filing of the Joint Application of the Metabolife CRF Referee and CRF Appeal Referee for Reimbursement of Fees and Expenses from the MDL Expense Fund. Document filed by Metabolife Claims Resolution Facility Referee and Metabolife CRF Appeal Referee. Return Date set for 4/3/2008 at 04:30 PM.Filed In Associated Cases: 1:04-md-01598-JSR et al.(Smith, Steven)
March 14, 2008 Opinion or Order Filing 3764 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 2/29/08, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $3,760.79 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 3/13/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
March 14, 2008 Opinion or Order Filing 3763 ORDER; for the reasons set forth on this Order, after reviewing the Special Master's bill dated March 3, 2008, the Court hereby approves it and directs the Clerk of Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $11,654.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York, NY 10025. (Signed by Judge Jed S. Rakoff on 3/13/2008) Filed In Associated Cases: 1:04-md-01598-JSR et al.(jp)
March 13, 2008 Opinion or Order Filing 3762 ORDER OF PAYMENT; For the reasons set forth on this Order, The Clerk is directed to issue a check for $260,349.16 to the order of Brown, Rudnick, Berlack & Israels, LLP (The Firm) and hand it over to a person sent for it by the Firm in exchange for a receipt on the Firms letterhead identifying the check by amount and payee and signed and dated by the person receiving the check. The Clerk shall preserve the receipt and the files of the Fund. The Firm shall then distribute the proceeds as specified in the PCCs motion granted by Paragraph 5-6, except that the amount paid to Andrews & Thornton shall be reduced by $2,850.87 (airfares reduced to coach rates) and the amount paid to Whetstone Myers LLC shall be reduced by $85.39 (meals reduced to the Courts per diem cap). The $260,349.16 checks breaks down as specified in this Order. Funds for the $260,349.16 check shall be withdrawn from the Ephedra Plaintiffs Common Expense Fund. (Signed by Judge Jed S. Rakoff on 3/12/2008) Filed In Associated Cases: 1:04-md-01598-JSR et al.(jp)
March 12, 2008 Opinion or Order Filing 3761 ORDER. Plaintiffs in 04-4234, have moved for a suggestion of remand to the Joint Panel on Multidistrict Litigation, stating that all pretrial proceedings have been completed. Defendants' time to file answering papers has expired without their filing any opposition. Accordingly, the suggestion of remand is granted as unopposed. The Clerk is directed to mark this case as closed. (Signed by Judge Jed S. Rakoff on 3/12/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04234-JSR(rjm)
March 11, 2008 Filing 3760 TRANSCRIPT of proceedings held on 2/7/08, 4:45pm before Judge Jed S. Rakoff. (rjm)
March 10, 2008 Opinion or Order Filing 3759 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 44) The next Status Conference is set for 4/3/2008 at 04:30 PM before Judge Jed S. Rakoff. The Clerk is directed to mark as closed the following three cases: 04-2893, 04-2897, 04-5479. The Court will decide without oral argument plaintiff's motion for a suggestion of remand in 04-4234, promptly after defendant's time to file opposition papers expires on 3/10/08. On the Court's own motion with notice served by the Special Master on 2/14/08, the following cases listed in paragraph 4 of this order were dismissed with prejudice without opposition. On the unopposed motion of Plaintiffs' Coordinating Counsel ("PCC"), the Court approved $103,095 in fees and $10,020.49 in expenses of the PCC's subcommittee on common fees and expenses... The PCC's unopposed motion to reimburse 11 law firms for their expenses listed in the motion papers totaling approximately $150,000.00 was granted... The Clerk is directed to transfer $390,076.52 from the Expense Fund to the Ephedra Plaintiffs' Common Fee Fund established by Case Management Order No. 7 Paragraph 2(a). This transfer reverses a transfer made by Case Management Order No. 22 Paragraph 8 at the PCC's request because it then appeared that the Expense Fund would be insufficient. (Signed by Judge Jed S. Rakoff on 3/10/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
March 10, 2008 CASHIERS OFFICE REGISTRY DISBURSEMENT as per #3745 Order,, dated 02/25/2008, from Judge Judge Jed S. Rakoff, on 03/06/2008 disbursed to pay United States Treasury $19,000.00 Check No. 00817521 dated 03/06/2008 (jd)
March 10, 2008 CASHIERS OFFICE REGISTRY DISBURSEMENT as per #3745 Order,, dated 02/25/2008, from Judge Judge Jed S. Rakoff, on 03/06/2008 disbursed to pay United States Treasury $14,620.00 Check No. 00817522 dated 03/06/2008 (jd)
March 10, 2008 CASHIERS OFFICE REGISTRY DISBURSEMENT as per 3745 Order,, dated 02/25/2008, from Judge Judge Jed S. Rakoff, on 03/06/2008 disbursed to pay United States Treasury $19,000.00 Check No. 00817521 dated 03/06/2008 (jd)
March 10, 2008 CASHIERS OFFICE REGISTRY DISBURSEMENT as per 3745 Order,, dated 02/25/2008, from Judge Judge Jed S. Rakoff, on 03/06/2008 disbursed to pay United States Treasury $14,620.00 Check No. 00817522 dated 03/06/2008 (jd)
March 7, 2008 Opinion or Order Filing 3758 ORDER that the Clerk is directed to issue two checks to the order of the United States Treasury in the amounts of $1,402.00 and $1,200.00 and send them by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE LLC, 122 East 42nd Street, NY NY 10168, and Ms. Page is directed to forward the checks to the Internal Revenue Service together with the other two checks, the Funds 2007 tax return and the funds declaration of estimated tax due. These payments are to be disbursed from the Ephedra Plaintiffs Common Expense Fund. (Signed by Judge Jed S. Rakoff on 3/7/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
March 6, 2008 Filing 3757 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Conrad Pawlowski- against Defendant(s) -Costco Wholesale Corp.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598 and 06cv1365. (Signed by Judge Jed S. Rakoff on 3/5/08) (rjm)
March 4, 2008 Filing 3756 REPLY AFFIRMATION of Stephen F. Dryden in Support re: #3736 Notice (Other), #3749 Notice (Other). Document filed by Albertson's Inc.. (Dryden, Stephen)
March 4, 2008 Opinion or Order Filing 3755 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Julianne Farnsworth dated 2/27/08 re: request that my name and email address be removed from the ECF service list in the referenced matter. ENDORSEMENT: "So Ordered." (Signed by Judge Jed S. Rakoff on 3/3/08) (rjm)
March 4, 2008 Opinion or Order Filing 3754 ORDER. The Clerk is directed to mark the two cases listed as closed. These cases were erroneously opened after the underlying claims had been dismissed with prejudice by the Bankruptcy Court for the District of New Jersey on 10/12/06 and 10/13/06. (Signed by Judge Jed S. Rakoff on 3/3/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13071-JSR, 1:06-cv-13074-JSR(rjm)
March 3, 2008 Opinion or Order Filing 3753 STIPULATION AND AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Keith E. Reid- against Defendant(s) -N.V.E. Inc., d/b/a NVE Pharmaceuticals ("N.V.E.") and GN Oldco Corporation f/k/a General Nutrition Corporation; GNCI Oldco, Inc., f/k/a General Nutrition Companies, Inc., and GNI Oldco, Incorporated, f/k/a General Nutrition Incorporated (collectively "GNC")- in the captioned lawsuit shall be dismissed by the Court without prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/29/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-07627-JSR(rjm)
March 3, 2008 Filing 3752 DECLARATION of Russell S. Briggs in Support re: #3718 MOTION to Approve Supplemental Application for Reimbursement of Fees and Expenses of Common Benefit Subcommittee PCC's Notice of Supplemental Application for Reimbursement of Fees and Expenses of Common Benefit Subcommittee.. Document filed by PCC. (Attachments: #1 Exhibit A)(Briggs, Russell)
March 3, 2008 Filing 3751 DECLARATION of Russell S. Briggs in Support re: #3714 THIRD MOTION For Reimbursement of Additional Common Benefit Expenses Notice of PCC's Third Application for Reimbursement of Addtiional Common Benefit Expenses.. Document filed by PCC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Briggs, Russell)
March 3, 2008 Filing 3750 DECLARATION of Russell S. Briggs in Support re: #3716 MOTION to Approve Reimbursement Of Common Benefit Fees PCCS Notice Of Its Application For Reimbursement Of Common Benefit Fees.. Document filed by PCC. (Attachments: #1 Exhibit A)(Briggs, Russell)
March 3, 2008 Filing 3749 NOTICE of Opposition to Motion to Dismiss re: #3736 Notice (Other). Document filed by Belinda Wiggins, Mario Ochoa, Teresa Villareal. (Briggs, Rebecca)
March 3, 2008 Filing 3748 NOTICE of Opportunity to Object to Special Master's Bill Dated 3/3/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
March 3, 2008 Filing 3747 NOTICE of Opportunity to Object to CPA's Bill Dated 2/29/08 to be paid out of the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
February 29, 2008 Filing 3746 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 3/6/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
February 26, 2008 Opinion or Order Filing 3745 Order that the Clerk is directed to issue two checks to the order of the United States Treasury in the amounts of $14,620.00 and $19,000.00 and send them by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE LLC, 122 East 42nd Street, NY NY 10168, and Ms. Page is directed to forward the checks to the Internal Revenue Service together with the Funds 2007 tax return and declaration of estimated tax due. These payments are to be disbursed from the Ephedra Plaintiffs Common Expense Fund. (Signed by Judge Jed S. Rakoff on 2/25/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
February 26, 2008 Opinion or Order Filing 3744 ORDER OF PAYMENT that the Clerk is directed to issue a check for $533,041.72 to the order of Brown, Rudnick, Berlack & Israels, LLP ("the Firm") and hand it over to a person sent for it by the Firm in exchange for a receipt on the Firm's letterhead identifying the check by amount and payee and signed and dated by the person receiving the check. The Clerk shall preserve the receipt and the files of the Fund. This check is issued to reimburse Plaintiffs' Coordinating Counsel and others for the expenses that were approved in Case Management Order 43 Paragraph 5. (Signed by Judge Jed S. Rakoff on 2/25/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
February 25, 2008 Opinion or Order Filing 3743 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 43) Status Conference set for 3/6/2008 at 04:30 PM before Judge Jed S. Rakoff. The Court granted as unopposed the motion by MuscleTech Research and Development Inc. to dismiss with prejudice 06-4655, 06-4421, 06-2989 and 06-4719... The Court granted the PCC's motion filed on 12/6/07, as amended by the Declaration of Russell S. Briggs filed on 1/16/08, for reimbursement from the Expense Fund in the amount of $533,041.72, and as further set forth in said Status Order including Case Management Order No. 43. (Signed by Judge Jed S. Rakoff on 2/20/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
February 25, 2008 Opinion or Order Filing 3742 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Shannon Kay Heimberger, individually, William Heimberger, her husband and Reese Vincent Heimberger, a minor child, by and through his father, William Heimberger- against Defendant(s) -Hi-Tech Pharmaceuticals, Inc., NVE Pharmaceuticals, Inc. ("NVE, Inc."), and David Gregory d/b/a Smoothie King- (advise the Court and agree) that Plaintiffs' Complaint against all Defendants in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/21/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(rjm)
February 22, 2008 Filing 3741 NOTICE of Opposition to the Court's Motion to Dismiss Stear v. Salons Only, 04cv4234 and Cross-Motion for Suggestion of Remand and Brief in Support with Attached Exhibit A re: #3736 Notice (Other). Document filed by Roberta Stear. (Attachments: #1 Affidavit Affidavit of Pamela G. Sotoodeh, #2 Text of Proposed Order Order)(Sotoodeh, Pamela)
February 15, 2008 Opinion or Order Filing 3740 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 1/31/08, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $1,691.57 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 2/14/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
February 15, 2008 Opinion or Order Filing 3739 ORDER SUGGESTING REMAND that all pretrial proceedings in this case having been completed, the parties' request for a Suggestion of Remand is hereby granted. (Signed by Judge Jed S. Rakoff on 2/14/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13046-JSR(rjm)
February 15, 2008 Opinion or Order Filing 3738 ORDER that the Clerk is directed to close 05cv4701. This case was inadvertently omitted from the list of 243 cases closed by the Order Closing Cases Involving Metabolife Products entered on 2/8/08. (Signed by Judge Jed S. Rakoff on 2/14/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-04701-JSR(rjm)
February 15, 2008 Opinion or Order Filing 3737 ORDER that Case No. 03cv9169, is hereby dismissed with prejudice. This case is now barred by the confirmed Twinlabs bankruptcy plan. Moreover, the Court is informed by Twinlab's counsel, Rex A. Littrell Esq., that the plaintiff participated in the global settlement provided for in the plan and has received the agreed distribution. (Signed by Judge Jed S. Rakoff on 2/14/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:03-cv-09169-JSR(rjm)
February 14, 2008 Filing 3736 NOTICE of the Court's own motion to dismiss 36 cases with prejudice. Document filed by James Niss. (Niss, James)
February 13, 2008 Opinion or Order Filing 3735 ORDER... After reviewing the Special Master's bill dated 2/1/08, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $7,979.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
February 13, 2008 Opinion or Order Filing 3734 ORDER. The noted case, 06cv6645, appears to be a duplicate of a case appearing under a separate docket number, 06cv6657, which was dismissed with respect to plaintiff Jerrell Tyler on 10/25/06, and with respect to plaintiff Cindy Tyler on 1/3/07. Accordingly, the Clerk is directed to close the noted case. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06645-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3733 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE AS TO SPECIFIED NON-PARTIES AND ALL DEFENDANTS EXCEPT FOR DEFENDANT BODY DYNAMICS INC... that Plaintiff's Complaint against Defendants -NVE, Inc., Shell Gas Station and Petrotex Fuels, Inc., and including non-parties Shell, Shell Oil Company, Shell Oil Products Company LLC, Texaco, Motiva Enterprises LLC and Equilon Enterprises LLC- shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13046-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3732 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiff's Complaint against Defendants -NVE, Inc., Kiehl Avenue Shell and Shell Gas Station...- shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13041-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3731 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiff's Complaint against Defendants -NVE, Inc., DMD Pharmaceuticals, Alpha Pharmaceuticals and Now Foods, Inc.- shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-10080-JSR, 1:06-cv-13024-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3730 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiff's Complaint against Defendants -NVE, Inc., SOS Truck Stop, Pilot Truck Stop, DMD Pharmaceuticals, Alpha Pharmaceuticals, and Now Foods, Inc.- shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-10080-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3729 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiff's Complaint against Defendant NVE, Inc. shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-02474-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3728 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Shannon Busby- against Defendant(s) -NVE Pharmaceuticals including PDK Labs, Inc; AJ's Quick Stop and Keith's Superstore- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00144-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3727 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiff's Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598, 06-8229, 06-13024. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3726 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiff's Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598, 05-8398, 06-13024. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3725 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Albert H. Macon and Willie Macon- against Defendant(s) -NVE, Inc. and Bayer Corporation- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-04016-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3724 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Cheryl L. Nichols- against Defendant(s) -MII Liquidation, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09352-JSR(rjm)
February 13, 2008 Opinion or Order Filing 3723 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Donica A. Parkers Complaint against Defendant Advanced Nutrient Science International LLC shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 2/11/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06771-JSR(rjm)
February 8, 2008 Opinion or Order Filing 3722 ORDER CLOSING CASES INVOLVING METABOLIFE PRODUCTS the Clerk is directed to close the cases listed below against Metabolife International Inc., its successors (including MII Liquidation Inc.), and/or all other defendants named in such cases, and to terminate any pending motions in those cases. The listed cases have been fully settled under the Metabolife reorganization plan, which has been confirmed by final non-appealable order of the Bankruptcy Court for the Southern District of California. The undersigned retains jurisdiction to resolve any disputes between the plaintiffs in any such case as regards distribution of the settlement proceeds or otherwise; if there are no such disputes and the case has not otherwise been dismissed with prejudice by order of this Court, the parties to such case shall, upon satisfaction of the requirements of Case Management Order No. 7, file with the Court a formal stipulation of dismissal with prejudice. (Signed by Judge Jed S. Rakoff on 2/7/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(jco)
February 5, 2008 Filing 3721 NOTICE of EXHIBITS TO THE PCC's APPLICATION FOR REIMBURSEMENT OF COMMON BENEFIT FEES re: #3716 MOTION to Approve Reimbursement Of Common Benefit Fees PCCS Notice Of Its Application For Reimbursement Of Common Benefit Fees., #3717 Memorandum of Law in Support of Motion,,,,. Document filed by PCC. (O'Leary, Leslie)
February 5, 2008 Opinion or Order Filing 3720 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 7/31/07, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $545.00 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. To Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 2/4/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
February 4, 2008 Filing 3719 MEMORANDUM OF LAW in Support re: #3718 MOTION to Approve Supplemental Application for Reimbursement of Fees and Expenses of Common Benefit Subcommittee PCC's Notice of Supplemental Application for Reimbursement of Fees and Expenses of Common Benefit Subcommittee. PCCS Memorandum In Support Of Supplemental Application For Reimbursement Of Fees And Expenses Of Common Benefit Subcommittee. Document filed by PCC. (Attachments: #1 Exhibit 01 Janice Page's Letter, #2 Exhibit 02 Fibich, #3 Exhibit 03 Lopez Hodes, #4 Exhibit 04 Shelby Roden, #5 Exhibit 05 Williams Love O'Leary & Powers PC)(O'Leary, Leslie)
February 4, 2008 Filing 3718 MOTION to Approve Supplemental Application for Reimbursement of Fees and Expenses of Common Benefit Subcommittee PCC's Notice of Supplemental Application for Reimbursement of Fees and Expenses of Common Benefit Subcommittee. Document filed by PCC. Return Date set for 2/18/2008 at 05:00 PM.(O'Leary, Leslie)
February 4, 2008 Filing 3717 MEMORANDUM OF LAW in Support re: #3716 MOTION to Approve Reimbursement Of Common Benefit Fees PCCS Notice Of Its Application For Reimbursement Of Common Benefit Fees. PCC's Memorandum in Support of Its Application for Reimbursement of Common Benefit Fees. Document filed by PCC. (Attachments: #1 Exhibit 01 Declaration of Justice Trotter, #2 Exhibit 02 Declaration of Eric Green, #3 Exhibit 03 Declaration of Carmin Reiss, #4 Exhibit 04 Declaration of David J. Molton, #5 Exhibit 05 Ephedra CB Table of Hours and Awards, #6 Exhibit Andrews & Thornton, #7 Errata Blizzard, #8 Exhibit Burg Simpson, #9 Exhibit Cruse Scott, #10 Exhibit Fibich, #11 Exhibit Hanly, #12 Exhibit Herman aka Ashcraft, #13 Exhibit Ken Moll, #14 Exhibit Leighton, #15 Exhibit Liska, #16 Exhibit Lopez Hodes, #17 Exhibit Rheingold, #18 Exhibit Shelby Roden LLC, #19 Exhibit Simmons Cooper, #20 Exhibit Talbot, #21 Exhibit Wagstaff & Cartmell., #22 Exhibit Williams Love OLeary & Powers)(O'Leary, Leslie)
February 4, 2008 Filing 3716 MOTION to Approve Reimbursement Of Common Benefit Fees PCCS Notice Of Its Application For Reimbursement Of Common Benefit Fees. Document filed by PCC. Return Date set for 2/18/2008 at 05:00 PM.(O'Leary, Leslie)
February 4, 2008 Filing 3715 MEMORANDUM OF LAW in Support re: #3714 THIRD MOTION For Reimbursement of Additional Common Benefit Expenses Notice of PCC's Third Application for Reimbursement of Addtiional Common Benefit Expenses. PCCs Memorandum In Support Of Its Third Application For Reimbursement Of Common Benefit Expenses. Document filed by PCC. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(O'Leary, Leslie)
February 4, 2008 Filing 3714 THIRD MOTION For Reimbursement of Additional Common Benefit Expenses Notice of PCC's Third Application for Reimbursement of Addtiional Common Benefit Expenses. Document filed by PCC. Return Date set for 2/18/2008 at 05:00 PM.(O'Leary, Leslie)
February 4, 2008 Filing 3713 MOTION to Authorize Reimbursement of Plaintiffs' Common Fee Fund. Document filed by Plaintiffs' Coordinating Counsel. (Attachments: #1 Memo in Support of Motion for Reimbursement)(McKelvin, Jodi)
February 4, 2008 Opinion or Order Filing 3712 DISMISSAL ORDER. This cause coming on to be heard by Stipulation of the parties, due notice having been given and the Court having jurisdiction over the parties and the subject matter herein: It is hereby ordered that the entitled action is dismissed with prejudice. (Signed by Judge Jed S. Rakoff on 2/4/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01006-JSR(rjm)
February 4, 2008 Opinion or Order Filing 3711 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that pursuant to Federal Rule of Civil Procedure 41(a), that any and all claims asserted and/or assertable by Plaintiff(s) -Timori Robinson, as Administrator of the Estate of Timothy Robinson, deceased, acting on behalf of Plaintiff, Timothy Robinson- against Defendant(s) -TL Administration Corporation (f/k/a Twinlab Corporation)- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 2/4/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06664-JSR(rjm)
February 4, 2008 Filing 3710 NOTICE of Opportunity to Object to CPA's Bill to Be Paid out of Ephedra Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
February 1, 2008 Filing 3709 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 2/7/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James) Modified on 2/5/2008 (kco).
February 1, 2008 Opinion or Order Filing 3708 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Kathleen J. Fantazzi dated 1/25/08 re: request that Kathleen J. Fantazzi be removed from the automatic notice of ECF filing. ENDORSEMENT: "So Ordered." (Signed by Judge Jed S. Rakoff on 1/31/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(rjm)
February 1, 2008 Opinion or Order Filing 3707 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Tom and Monica Killian- against Defendant(s) -NVE, Inc., National Urological Group, Inc., d/b/a Warner Laboratories and Jared Wheat- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 1/31/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13039-JSR(rjm)
February 1, 2008 Filing 3706 NOTICE of Opportunity to Object to Special Master's Bill dated 2/1/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
January 29, 2008 Filing 3705 TRANSCRIPT of proceedings held on 1/3/08, 4:30pm before Judge Jed S. Rakoff. (rjm)
January 24, 2008 Filing 3704 NOTICE of Law Firm Name Change. Document filed by Teresa Ball. Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03889-JSR(Hyzy, Kurt)
January 23, 2008 Opinion or Order Filing 3703 STIPULATION AND CONSENT ORDER FOR SUBSTITUTION OF ESTATE OF ERIC LARSON FOR PLAINTIFF. Gary Larson, as Administrator of the Estate of Eric Larson is substituted as plaintiff in this action under the provisions of Rule 25(a)(1) of the FRCP, so that the settlement in the above-captioned matter can be finalized in accordance with the stipulation and agreed order of dismissal with prejudice previously signed by counsel. (Signed by Judge Jed S. Rakoff on 1/23/08) (djc)
January 23, 2008 Opinion or Order Filing 3702 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE; plaintiffs' complaint against all defendants, be, and the same is hereby, dismissed with prejudice, each party to bear its own costs. (Signed by Judge Jed S. Rakoff on 1/23/08) (djc)
January 18, 2008 Filing 3701 NOTICE of Filing of Certain Papers and Orders Regarding (i) Mr. Willard Westfall's Motion For Stay Pending Appeal Of Confirmation Order and (ii) Mr. Westfall's Appeal Of Confirmation Order. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2, #5 Exhibit D, #6 Exhibit E)(Molton, David)
January 16, 2008 Filing 3700 MEMORANDUM OF LAW in Support re: #3698 MOTION to Dismiss.. Document filed by Muscletech Research and Development, Inc.. (Jacobs, Fran)
January 16, 2008 Filing 3699 DECLARATION of Thomas B.K. Ringe, III in Support re: #3698 MOTION to Dismiss.. Document filed by Muscletech Research and Development, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Jacobs, Fran)
January 16, 2008 Filing 3698 MOTION to Dismiss. Document filed by Muscletech Research and Development, Inc..(Jacobs, Fran)
January 16, 2008 Filing 3697 NOTICE of of Filing Counsel Declarations and Spreadsheets in support of the PCCs Motion and Memorandum In Support Of Its Application For Reimbursement Of Common Benefit Expenses filed on December 6, 2007 as document numbers 3577 and 3578. Document filed by PCC. (Attachments: #1 Exhibit Ex. 01 - Ashcraft & Gerel Declaration & Spreadsheet, #2 Exhibit Ex. 02 - Blizzard MCCarthy & Nabers Declaration & Spreadsheet, #3 Exhibit Ex. 03 - Cruse Scott Henderson & Allen Declaration & Spreadsheet, #4 Exhibit Ex. 04 - Fibich Hampton & Leebron, #5 Exhibit Ex. 05 - Hanley Conroy Declaration & Spreadsheet, #6 Exhibit Ex. 06 - Kenneth B Moll & Assoc. Declaration & Spreadsheets, #7 Exhibit Ex. 07 - Lopez Hodes Declarations & Spreadsheet, #8 Exhibit Ex. 08 - Paul Rheingold & Spreadsheet, #9 Exhibit Ex. 09 - Shelby Roden Declaration & Spreadsheet, #10 Exhibit Ex. 10 - Simmons Cooper Declaration & Spreadsheet, #11 Exhibit Ex. 11 - Wagstaff & Cartmell Spreadsheet, #12 Exhibit Ex. 12 - Whetstone Myers Declaration & Spreadsheet, #13 Exhibit Ex. 13 - Williams Love O'Leary & Powers Declaration & Spreadsheet)(O'Leary, Leslie)
January 16, 2008 Filing 3696 DECLARATION of Russell S. Briggs in Support re: #3577 MOTION Reimbursement of Common Benefit Expenses Notice of Filing PCC's Application for Reimbursement of Common Benefit Expenses.. Document filed by PCC. (Attachments: #1 Exhibit A)(Briggs, Russell)
January 16, 2008 Opinion or Order Filing 3695 ORDER... The Court has reviewed the bills (re: invoices of Ball Baker Leake, LLC, dated November 30 and January 4, 2008, together with a notice filed electronically by the Special Master on January 4, 2008...) and hereby approves them in the following amounts: Date of Bill: 11/30/07, Amount: $817.50. Date of Bill: 1/4/08, Amount: $1,170.00. Total: $1,987.50. The Clerk is hereby directed to issue a check to the order of Ball Baker Leake, LLC in the amount of $1,987.50 and to send it by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 paragraph 2(a). (Signed by Judge Jed S. Rakoff on 1/14/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
January 16, 2008 Opinion or Order Filing 3694 ORDER... After reviewing the Special Master's bill dated-1/2/08-, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $-4,979.00- to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 1/14/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
January 15, 2008 Opinion or Order Filing 3693 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Dean T. Wellman dated 1/9/08 re: request that my name be removed from the ECF service list in the referenced matter. ENDORSEMENT: It is hereby ordered that Dean T. Wellman is hereby removed from the ECF service list in the above-referenced matter. So Ordered. (Signed by Judge Jed S. Rakoff on 1/14/08) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06774-JSR(rjm)
January 9, 2008 Opinion or Order Filing 3692 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 42). The next status conference will be held as previously announced at 4:30 pm on 2/7/08. The Court has reserved decision on the application of Plaintiffs' Coordinating Counsel ("PCC") for reimbursement of $541,291.72 from the Ephedra Plaintiffs' Common Expense Fund until after the PCC has filed supplemental papers in support. The PCC's motion for reimbursement from the Expense Fund of all remaining expenses incurred in or before 2007 shall be filed by the PCC on or before 2/4/08... Likewise, the PCC's motion for payment from the Ephedra Plaintiffs' Common Fee Fund of all attorneys' fees for work done in or before 2007 shall be filed by the PCC on or before 2/4/08. Motions due by 2/4/2008. Status Conference set for 2/7/2008 at 04:30 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 1/8/08) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
January 4, 2008 Filing 3691 NOTICE of Opportunity to Object to CPA's Bills to Be Paid out of Ephedra Plaintiffs Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
January 2, 2008 Opinion or Order Filing 3690 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 41)... The next status conference will be held as previously announced at 4:30 pm on Thursday, January 3, 2008. A motion by MuscleTech Research and Development Inc. to dismiss with prejudice the 24 cases listed in the exhibit to this order was granted as unopposed. A motion by third-party defendant/fourth-party plaintiff Bio-Mark International Inc. to dismiss without prejudice fourth-party defendant Sentry Manufacturing, Inc. f/k/a Sentry Supplement Company in 06cv0089, was granted as unopposed. Status Conference set for 1/3/2008 at 04:30 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 12/26/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm) Modified on 1/10/2008 (rjm).
January 2, 2008 Opinion or Order Filing 3689 ORDER... After reviewing the Special Master's bill dated 12/3/07, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $3,098.87 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 12/27/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
January 2, 2008 Opinion or Order Filing 3688 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Rex A. Littrell dated 12/18/07 re: Request to be removed from the automatic notice of ECF filing (Alison Barjaktarovich, Jena Gundrum, Jeanette Hargreaves, Stephen Merriam, Denise Smith, and Mary Lynn Tate). ENDORSEMENT: "So Ordered." (Signed by Judge Jed S. Rakoff on 12/26/07) (rjm)
January 2, 2008 Opinion or Order Filing 3687 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Schuyler B. Kraus dated 12/19/07 re: Request for Removal (of Schuyler B. Kraus and J. Richard Supple) from ECF Service List. ENDORSEMENT: "So Ordered." (Signed by Judge Jed S. Rakoff on 12/26/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06771-JSR, 1:04-cv-06773-JSR(rjm)
January 2, 2008 Opinion or Order Filing 3686 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Megan L. Faust dated 12/19/07 re: Request to be removed (Megan L. Faust and John C. Evans) from the automatic notice of ECF filing. ENDORSEMENT: "So Ordered." (Signed by Judge Jed S. Rakoff on 12/27/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(rjm)
January 2, 2008 Filing 3684 NOTICE of Opportunity to Object to Special Master's Bill Dated 1/2/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
December 29, 2007 Filing 3683 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 1/3/08. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
December 28, 2007 Filing 3685 CERTIFIED TRUE COPY OF MDL REMAND OUT ORDER FROM THE MDL PANEL...Pursuant to 28 U.S.C. 1407, this action is remanded from the U.S.D.C. (S.D.N.Y) to the transferor court United States District Court - Northern District of Texas (SDNY 1:05-3021 [N.D. Texas 4:04-295]). (Signed by MDL Panel on 12/20/07) (rjm)
December 18, 2007 Opinion or Order Filing 3682 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Yolonda G. Lambert dated 12/13/07 re: Request that Yolonda G. Lambert, Esq. and R. Noel Foreman, Esq. be removed from the ECF Service List in the referenced matter since it has settled. Please remove the names and e-mail addresses of both. ENDORSEMENT: It is Ordered, that Yolonda G. Lambert, Esq. and R. Noel Foreman, Esq. are hereby removed from the ECF service in the referenced matter (04cv8556). (Signed by Judge Jed S. Rakoff on 12/18/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(rjm)
December 18, 2007 Opinion or Order Filing 3681 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/17/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-07635-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3680 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04550-JSR, 1:06-cv-13024-JSR, 1:06-cv-13030-JSR, 1:06-cv-13054-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3679 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13038-JSR, 1:06-cv-13068-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3678 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13036-JSR, 1:06-cv-13053-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3677 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. This Document relates to 04md1598, 06-4527, 06-4496, 06-13044 and 06-13024. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3676 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:07-cv-07618-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3675 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:07-cv-01326-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3674 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-00036-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3673 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13055-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3672 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13052-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3671 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13050-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3670 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13049-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3669 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13048-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3668 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13047-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3667 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13045-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3666 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13043-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3665 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13042-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3664 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13040-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3663 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13037-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3662 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13035-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3661 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13034-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3660 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13033-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3659 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:06-cv-13031-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3658 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-08233-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3657 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-08232-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3656 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-08230-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3655 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06632-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3654 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-05066-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3653 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-05065-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3652 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-05064-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3651 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-05063-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3650 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04571-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3649 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-09057-JSR, 1:06-cv-13024-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3648 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13079-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3647 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13078-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3646 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. This Document relates to 04md1598 and 06cv13077. (Signed by Judge Jed S. Rakoff on 12/11/07) (rjm)
December 13, 2007 Opinion or Order Filing 3645 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13075-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3644 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13073-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3643 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13072-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3642 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13070-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3641 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13069-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3640 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13066-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3639 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13064-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3638 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13063-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3637 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13062-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3636 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13061-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3635 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13060-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3634 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs (Mark Ware, and Mark Ware as Administrator and Representative of the Estate of Anne Ware) Complaint against all Defendants ("NVE, Inc." and Robert Occhifinto) shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13059-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3633 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that Plaintiffs Complaint against all Defendants, including Shell Food Market, Mobile Gas Station, and including non-parties Shell, Shell Oil Company, Shell Oil Products Company LLC, Texaco, Motiva Enterprises LLC and Equilon Enterprises LLC, shall be dismissed by the Court with prejudice... each party shall bear its own costs. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13058-JSR(rjm)
December 13, 2007 Opinion or Order Filing 3632 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13057-JSR(jco)
December 13, 2007 Opinion or Order Filing 3631 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13056-JSR(jco)
December 13, 2007 Opinion or Order Filing 3630 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13051-JSR(jco)
December 13, 2007 Opinion or Order Filing 3629 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13032-JSR(jco)
December 13, 2007 Opinion or Order Filing 3628 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13029-JSR(jco)
December 13, 2007 Opinion or Order Filing 3626 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13026-JSR(jco)
December 13, 2007 Opinion or Order Filing 3625 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13025-JSR(jco)
December 13, 2007 Opinion or Order Filing 3624 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13023-JSR(jco)
December 12, 2007 Opinion or Order Filing 3627 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) [pertains to docket no. 1:05-cv-8350] (jco)
December 12, 2007 Opinion or Order Filing 3623 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR, 1:07-cv-08146-JSR(jco)
December 12, 2007 Opinion or Order Filing 3622 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-02867-JSR(jco)
December 12, 2007 Opinion or Order Filing 3621 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-02865-JSR(jco)
December 12, 2007 Opinion or Order Filing 3620 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-02864-JSR(jco)
December 12, 2007 Opinion or Order Filing 3619 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/21/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-01323-JSR(jco)
December 12, 2007 Opinion or Order Filing 3618 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) [pertains to docket no. 1:05-cv-8352](jco)
December 12, 2007 Opinion or Order Filing 3617 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) [pertains to docket no. 1:05-cv-8351](jco)
December 12, 2007 Opinion or Order Filing 3616 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.[pertains to docket no. 1:05-cv-3886](jco) (jco).
December 12, 2007 Opinion or Order Filing 3615 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) [pertains to docket no. 1:05-cv-8349](jco)
December 12, 2007 Opinion or Order Filing 3614 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-06677-JSR(jco)
December 12, 2007 Opinion or Order Filing 3613 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05982-JSR(jco)
December 12, 2007 Opinion or Order Filing 3612 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) [pertains to docket no. 2:05-cv-5971](jco)
December 12, 2007 Opinion or Order Filing 3611 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05746-JSR(jco)
December 12, 2007 Opinion or Order Filing 3610 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) [pertains to docket no. 1:05cv-5388](jco)
December 12, 2007 Opinion or Order Filing 3609 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-04710-JSR(jco)
December 12, 2007 Opinion or Order Filing 3608 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-04696-JSR(jco)
December 12, 2007 Opinion or Order Filing 3607 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-04695-JSR(jco)
December 12, 2007 Opinion or Order Filing 3606 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03908-JSR(jco)
December 12, 2007 Opinion or Order Filing 3605 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03894-JSR(jco)
December 12, 2007 Opinion or Order Filing 3604 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) [pertains to docket no. 1:05-cv-03868] (jco)
December 12, 2007 Opinion or Order Filing 3603 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03028-JSR(jco)
December 12, 2007 Opinion or Order Filing 3602 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03018-JSR(jco)
December 12, 2007 Opinion or Order Filing 3601 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03006-JSR(jco)
December 12, 2007 Opinion or Order Filing 3600 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03002-JSR(jco)
December 12, 2007 Opinion or Order Filing 3599 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-02996-JSR(jco)
December 12, 2007 Opinion or Order Filing 3598 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-02993-JSR(jco)
December 12, 2007 Opinion or Order Filing 3597 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01016-JSR(jco)
December 12, 2007 Opinion or Order Filing 3596 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01008-JSR(jco)
December 12, 2007 Opinion or Order Filing 3595 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01007-JSR(jco)
December 12, 2007 Opinion or Order Filing 3594 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00147-JSR(jco)
December 12, 2007 Opinion or Order Filing 3593 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE [pertains to docket no. 1:04cv9356] plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) (jco)
December 12, 2007 Opinion or Order Filing 3592 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09361-JSR(jco)
December 12, 2007 Opinion or Order Filing 3591 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) (jco)
December 12, 2007 Opinion or Order Filing 3590 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08202-JSR(jco)
December 12, 2007 Opinion or Order Filing 3589 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) (jco)
December 12, 2007 Opinion or Order Filing 3588 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06831-JSR(jco)
December 12, 2007 Opinion or Order Filing 3587 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06830-JSR(jco)
December 12, 2007 Opinion or Order Filing 3586 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05473-JSR(jco)
December 12, 2007 Opinion or Order Filing 3585 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05465-JSR(jco)
December 12, 2007 Opinion or Order Filing 3584 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04880-JSR(jco)
December 12, 2007 Opinion or Order Filing 3583 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04257-JSR(jco)
December 12, 2007 Opinion or Order Filing 3582 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04241-JSR(jco)
December 12, 2007 Opinion or Order Filing 3581 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04230-JSR(jco)
December 12, 2007 Opinion or Order Filing 3580 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE plaintiffs Complaint against all defendants, be, and the same is hereby, DISMISSED, with prejudice, each party to bear its own costs. So Ordered. (Signed by Judge Jed S. Rakoff on 12/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04211-JSR(jco)
December 7, 2007 Opinion or Order Filing 3579 STIPULATION AND ORDER OF DISMISSAL... that any and all claims, cross-claims and counter claims be dismissed with prejudice and forever ended... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 12/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00089-JSR(rjm)
December 6, 2007 Filing 3578 MEMORANDUM OF LAW in Support re: #3577 MOTION Reimbursement of Common Benefit Expenses Notice of Filing PCC's Application for Reimbursement of Common Benefit Expenses. PCC's Memorandum in Support of Its Application for Reimbursement of Common Benefit Expenses. Document filed by PCC. (O'Leary, Leslie)
December 6, 2007 Filing 3577 MOTION Reimbursement of Common Benefit Expenses Notice of Filing PCC's Application for Reimbursement of Common Benefit Expenses. Document filed by PCC. Return Date set for 12/20/2007 at 08:50 AM.(O'Leary, Leslie)
December 6, 2007 Filing 3576 MANDATE of USCA (Certified Copy) as to #3323 Notice of Appeal, filed by Thomas Schneider, Sr. USCA Case Number 07-2003. The parties hereby stipulate and agree to dismiss with prejudice the above-cationed appeal in its entirety pursuant to Rule 42(b) of the FRAP, as follows: It is therefore Stipulated that the appeal is DISMISSED with prejudice. It is Further Stipulated that each party shall bear its own costs and fees. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/4/07. (tp)
December 6, 2007 Transmission of USCA Mandate/Order to the District Judge re: #3576 USCA Mandate.(tp)
December 6, 2007 Transmission of USCA Mandate/Order to the District Judge re: 3576 USCA Mandate.(tp)
December 4, 2007 Opinion or Order Filing 3575 ORDER PERMITTING FILING OF THE EXHIBITS TO THE PCC MOTION FOR REIMBURSEMENT OF LITIGATION COSTS ON CD-ROM. The Clerk is directed to accept for filing a CD-ROM containing images of the exhibits to the Motion. In lieu of serving the exhibits electronically on all parties together with the other motion papers, the PCC shall include in its notice of motion an undertaking to send a copy of the CD-ROM to any interested party who requests it in the manner specified in the notice. (Signed by Judge Jed S. Rakoff on 12/3/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
December 3, 2007 Filing 3574 NOTICE of Opportunity to Object to Special Master's Bill Dated 12/3/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
November 30, 2007 Opinion or Order Filing 3573 STIPULATION OF DISMISSAL WITH PREJUDICE OF DEFENDANTS MII LIQUIDATION, INC. f/k/a METABOLIFE INTERNATIONAL, INC. any and all claims asserted and/or assertable by Plaintiff Keiondra Markey against defendants MII Liquidation, Inc. f/k/a Metabolife International, Inc. this lawsuit shall be DISMISSED WITH PREJUDICE. Each party shall bear its own costs and fees. So Ordered. (Signed by Judge Jed S. Rakoff on 11/29/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06823-JSR(jco)
November 30, 2007 Opinion or Order Filing 3572 STIPULATION OF DISMISSAL WITH PREJUDICE OF DEFENDANTS MII LIQUIDATION, INC. f/k/a METOBOLIFE INTERNATIONAL, INC. any claims asserted and/or assertable by Plaintiff Acquanette Markey against Defendants MII Liquidation, Inc. f/k/a Metabolife International, Inc. in this lawsuit shall be DISMISSED WITH PREJUDICE. Each party shall bear its own costs and fees. So Ordered. (Signed by Judge Jed S. Rakoff on 11/29/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06823-JSR(jco)
November 30, 2007 Filing 3571 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 12/6/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
November 20, 2007 Opinion or Order Filing 3570 ORDER SUGGESTING REMAND. All pretrial proceedings in this case having been completed, the parties' request for a Suggestion of Remand is hereby Granted. (Signed by Judge Jed S. Rakoff on 11/20/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03021-JSR(rjm)
November 15, 2007 Opinion or Order Filing 3569 ORDER on NOTICE OF SUBSTITUTION OF COUNSEL... that Kurt D. Hyzy, Esq., is hereby substituted as counsel for Plaintiffs in the cases referenced in place and instead of Kenneth B. Moll, Esq. effective immediately. All further notices on this matter should be directed to the information provided for Kurt D. Hyzy, Esq. This Document relates to Member Cases listed and to Case No. 05cv8349. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
November 15, 2007 Opinion or Order Filing 3568 ORDER on NOTICE OF SUBSTITUTION OF COUNSEL... that Pamela G. Sotoodeh, Esq., is hereby substituted as counsel for Plaintiffs in the cases referenced in place and instead of Kenneth B. Moll, Esq. effective immediately. All further notices on this matter should be directed to the information provided for Pamela G. Sotoodeh, Esq. This Document relates to 04md1598, 05-3984, 04-8306. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08306-JSR(rjm)
November 15, 2007 Filing 3567 STIPULATION OF SETTLEMENT... It is hereby stipulated and agreed by and between the parties hereto, by their undersigned attorneys, that the captioned action 05cv6935 is hereby compromised and settled as further set forth regarding the procedures to be followed that shall govern the handling of this Stipulation of Settlement... Each party shall bear its own attorneys' fees. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-06935-JSR(rjm)
November 15, 2007 Opinion or Order Filing 3566 ORDER... After reviewing the Special Master's bill dated 11/1/07, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $5,854.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
November 15, 2007 Filing 3565 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted between Defendant(s) -Netrition, Inc., and defendant, N.V.E., Inc. d/b/a NVE Pharmaceuticals, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... without costs against any party. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13051-JSR(rjm)
November 15, 2007 Filing 3564 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Joann Kalman- against Defendant(s) -MII Liquidation f/k/a Metabolife Int., Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05983-JSR(rjm)
November 15, 2007 Filing 3563 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable against Defendant(s) General Nutrition Companies, Inc. relating solely to GNC's sale of Muscletech products in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598 and 06-2987, 06-538. (Signed by Judge Jed S. Rakoff on 11/14/07) (rjm)
November 15, 2007 Filing 3562 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable against Defendant(s) General Nutrition Companies, Inc. relating solely to GNC's sale of Muscletech products in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598 and 07-6356. (Signed by Judge Jed S. Rakoff on 11/14/07) (rjm)
November 15, 2007 Filing 3561 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable against Defendant(s) General Nutrition Companies, Inc. relating solely to GNC's sale of Muscletech products in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598 and 06-538. (Signed by Judge Jed S. Rakoff on 11/14/07) (rjm)
November 15, 2007 Filing 3560 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable against Defendant(s) General Nutrition Companies, Inc. relating solely to GNC's sale of Muscletech products in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 11/7/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-02721-JSR(rjm)
November 15, 2007 Filing 3559 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Terry and Samantha Gainey- against Defendant(s) -Rexall Sundown, Inc., Richardson Labs, Inc., RS Oldco, Inc., RL Oldco, Inc., Wal-Mart Stores, Inc., Wal-Mart Supercenter, Wal-Mart Stores East, Inc., GN Oldco Corp., GNCI Oldco, Inc., GNI Oldco, Inc., John Doe and John Doe d/b/a General Nutrition Center- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-00485-JSR(rjm)
November 15, 2007 Opinion or Order Filing 3558 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE... It is hereby stipulated and agreed by and between said parties, by their respective attorneys that the said cause may be dismissed by the Court with prejudice... and without costs to any party as against the other, and as further set forth in said Order. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05970-JSR(rjm)
November 15, 2007 Opinion or Order Filing 3557 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE... It is hereby stipulated and agreed by and between said parties, by their respective attorneys that the said cause may be dismissed by the Court with prejudice... and without costs to any party as against the other, and as further set forth in said Order. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00145-JSR(rjm)
November 15, 2007 Opinion or Order Filing 3556 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE... It is hereby stipulated and agreed by and between said parties, by their respective attorneys that the said cause may be dismissed by the Court with prejudice... and without costs to any party as against the other, and as further set forth in said Order. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00144-JSR(rjm)
November 15, 2007 Filing 3555 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Susan and Lawrence Griffin- against Defendant(s) -Rexall Sundown, Inc., Richardson Labs, Inc. and Nutricia Manufacturing USA, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04256-JSR(rjm)
November 15, 2007 Opinion or Order Filing 3554 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE... It is hereby stipulated and agreed by and between said parties, by their respective attorneys that the said cause may be dismissed by the Court with prejudice... and without costs to any party as against the other, and as further set forth in said Order. (Signed by Judge Jed S. Rakoff on 11/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04232-JSR(rjm)
November 6, 2007 Opinion or Order Filing 3553 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 40). The next status conference will be held as previously announced at 4:30pm on 12/6/07. Upon the request by defendant Body Dynamics Inc. For review of a ruling by the Special Master in 06-13046, denying BDIs request for an extension of the time provided in Case Management Order No. 32 paragraph 6-6 for BDI to file other summary-judgment motions... the Court confirmed the Special Masters ruling and denied BDI leave to file any additional motion for summary judgment. A motion by defendants to dismiss with prejudice, 06-6609, for failure to file a proof of claim in the Metabolife bankruptcy, was granted as unopposed. Upon the application of Defendants Coordinating Counsel and without objection, the allocation among defendants of Defense Liaison Counsels fees and 50% of the Special Masters fees for the period of October 1 through December 31, 2007, shall be as further set forth in this Status Order. Status Conference set for 12/6/2007 at 04:30 PM before Judge Jed S. Rakoff. This Document relates to All Cases. (Signed by Judge Jed S. Rakoff on 11/5/07) (rjm)
November 6, 2007 Filing 3552 TRANSCRIPT of proceedings held on 10/4/07 before Judge Jed S. Rakoff. (db)
November 5, 2007 Filing 3551 MEMORANDUM OF LAW in Support re: (3549 in 1:04-md-01598-JSR) MOTION to Dismiss., (72 in 1:05-cv-09092-JSR, 127 in 1:04-cv-06774-JSR, 134 in 1:04-cv-07637-JSR, 125 in 1:04-cv-08211-JSR, 19 in 1:07-cv-01799-JSR, 19 in 1:07-cv-01933-JSR) MOTION to Dismiss.. Document filed by Muscletech Research & Development, Inc.. Filed In Associated Cases: 1:04-md-01598-JSR et al.(Jacobs, Fran)
November 5, 2007 Filing 3550 MEMORANDUM OF LAW in Support. Document filed by Muscletech Research & Development, Inc.. (Jacobs, Fran)
November 5, 2007 Filing 3549 MOTION to Dismiss. Document filed by Muscletech Research and Development, Inc.. (Attachments: #1 Ringe Declaration#2 Certificate of Service)(Jacobs, Fran)
November 5, 2007 Filing 3548 MOTION to Dismiss. Document filed by Muscletech Research & Development, Inc.. (Attachments: # 1 Ringe Declaration# 2 Certificate of Service)Filed In Associated Cases: 1:04-md-01598-JSR et al.(Jacobs, Fran)
November 1, 2007 Filing 3547 CERTIFIED TRUE COPY OF MDL REMAND OUT ORDER FROM THE MDL PANEL... Pursuant to 28 U.S.C. 1407, this action is remanded from the U.S.D.C. (S.D.N.Y) to the transferor court United States District Court - Northern District of West Virginia. (Signed by MDL Panel on 10/10/07) (rjm)
November 1, 2007 Filing 3546 NOTICE of Opportunity to Object to Special Master's Bill Dated 11/1/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
October 31, 2007 Filing 3545 NOTICE of Notice of Hearing. Document filed by Bio-Mark International, Inc.. (Heslop, Ashley)
October 29, 2007 Opinion or Order Filing 3544 STIPULATION AND AGREED ORDER OF PARTIAL DISMISSAL WITH PREJUDICE... that pursuant to Federal Rule of Civil Procedure 41(a), that any and all claims asserted and/or assertable by Plaintiff(s) -Sharon Stafford- against Defendant(s) -Vitaquest International, Inc., d/b/a Garden State Nutritionals- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 10/26/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03021-JSR(rjm)
October 26, 2007 Filing 3543 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 11/1/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
October 23, 2007 Opinion or Order Filing 3541 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 10/12/07, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $1,145.00 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 10/22/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
October 23, 2007 Filing 3540 NOTICE of Filing of Notice of Occurrence of Effective Date. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit A)(Molton, David)
October 22, 2007 Filing 3539 STIPULATION OF DISMISSAL WITH PREJUDICE (this document pertains to 06cv14248): the parties hereby stipulate and agree to dismiss with prejudice lawsuit 06cv14248 in its entirety pursuant to Rule 41(a)(1)(ii) as set forth in this Stipulation. (Signed by Judge Jed S. Rakoff on 10/19/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-14248-JSR(kkc)
October 19, 2007 Opinion or Order Filing 3538 ERRATA. Regarding the procedures to be followed that shall govern the handling of corrections in Case Management Order No. 39 entered on 10/17/07. (Signed by Judge Jed S. Rakoff on 10/18/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
October 18, 2007 Opinion or Order Filing 3537 JOINT STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Julie Walker- against Defendant(s) -Metabolife International, Inc., The Chemins Company, Inc. and Alpine Health Products, LLC- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 10/18/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-04712-JSR(rjm)
October 18, 2007 Filing 3536 STIPULATION OF DISMISSAL WITH PREJUDICE... that pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that any and all claims asserted and/or assertable by Plaintiff(s) -Cheryl L. Nichols- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598 and 04cv9352. (Signed by Judge Jed S. Rakoff on 10/18/07) (rjm)
October 18, 2007 Filing 3535 STIPULATION OF DISMISSAL WITH PREJUDICE... that pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that any and all claims asserted and/or assertable by Plaintiff(s) -Judith K. Miles and David K. Miles- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598 and 02cv8574. (Signed by Judge Jed S. Rakoff on 10/17/07) (rjm)
October 18, 2007 Opinion or Order Filing 3534 ORDER... After reviewing the Special Master's bill dated 10/1/07, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $10,254.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 10/17/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
October 17, 2007 Filing 3533 STIPULATION OF DISMISSAL WITH PREJUDICE... that pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that any and all claims asserted and/or assertable by Plaintiff(s) -Geneva Sue Mace and Michael Mace- against Defendant(s) -Rexall Sundown, Inc., d/b/a Richardson Labs, RS OLDCO, Inc., NBTY, Inc., and Wal-Mart Stores, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04md1598 and 06cv8227. (Signed by Judge Jed S. Rakoff on 10/17/07) (rjm)
October 17, 2007 Opinion or Order Filing 3532 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 39)... The next status conference will be held as previously announced at 4:30 pm on Thursday, 11/1/07. A motion by the Official Committee of Unsecured Creditors in the Metabolife bankruptcy for an order approving the MII Mediation Trust Agreement was granted without opposition... A motion by the Official Committee of Unsecured Creditors of N.V.E. Inc. For an order approving the NVE Ephedra Claimants Trust Agreement was granted without opposition... A motion by Plaintiffs Coordinating Counsel to change the allocation of the 6% assessment on gross settlements established by Case Management Order No. 7 P. 2 back to 4% for the Plaintiffs Common Fee Fund and 2% for the Plaintiffs Common Expense Fund... was granted without opposition. A motion by the PCC to modify the caps set by Case Management Order No. 29 P. 4 on travel expenses reimbursable by the Plaintiffs Common Expense Fund was granted as stated in this Order. An unopposed motion by defendants to dismiss with prejudice Case No. 06cv4478... was granted... and as further set forth regarding the procedures to be followed that shall govern the handling of this Status Order (Including Case Management Order No. 39). Status Conference set for 11/1/2007 at 04:30 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 10/15/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
October 16, 2007 Filing 3542 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-54)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of other than the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jed S. Rakoff, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 9/26/07) (rjm)
October 12, 2007 Filing 3531 NOTICE of Opportunity to Object to CPA's Bill Dated 10/12/07 to be paid out of the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
October 11, 2007 Opinion or Order Filing 3530 PLAINTIFFS AND DEFENDANTS STIPULATION AND ORDER OF JOINT DESIGNATION OF MDL AND CASE-SPECIFIC RECORD TO BE REMANDED. It is hereby stipulated and agreed, by and between Plaintiff Margaret Parks and Defendants Herbalife International of America, Inc. and Herbalife International, Inc., pursuant to Rule 7.6(g) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, that the following contents of the MDL and case-specific record shall be remanded to the U.S. District Court for the Northern District of Oklahoma... and as further set forth in said stipulation and order. (Signed by Judge Jed S. Rakoff on 10/10/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09358-JSR(rjm) Additional attachment(s) added on 10/12/2007 (Miranda, Robert). Additional attachment(s) added on 10/12/2007 (Miranda, Robert). Modified on 10/12/2007 (Miranda, Robert).
October 11, 2007 Filing 3529 NOTICE of Notice of Change of Address. Document filed by Nittany Pharmaceuticals. Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(Boyle, Kerrie)
October 9, 2007 Opinion or Order Filing 3528 MEMORANDUM OPINION AND ORDER # 95297... In Case No. 06cv13046 (Wilburn case), defendant Body Dynamics Inc. moved for exclusion not only of plaintiff's specific-causation witness but also of the general-causation opinions which this Court has ruled admissable... In case No. 05cv3021 (Stafford case), the Weight Warrior defendants made an e-mail application through the Special Master to renew their summary-judgment motion - which was denied in an opinion and Order dated 3/26/07 - because of the subsequently decided Borg-Warner case. Both the Wilburn motion and the Stafford application are denied... and as further set forth in said opinion and order. (Signed by Judge Jed S. Rakoff on 10/5/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03021-JSR, 1:06-cv-13046-JSR(rjm) Modified on 10/10/2007 (Miranda, Robert).
October 9, 2007 Opinion or Order Filing 3527 STIPULATION OF FUTURE REMAND... that upon written notification to this Court that the Effective Date of the Plan has occurred and that the Covenant has become effective, plaintiffs' claims against the Medical Defendants shall be remanded to the Supreme Court of the State of New York, County of Nassau, Index No. 016302/04. Said remand shall be accomplished pursuant to a separate order of this Court following provision of the written notification set forth above. (Signed by Judge Jed S. Rakoff on 10/5/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-02367-JSR(rjm)
October 9, 2007 Opinion or Order Filing 3526 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Harbir Singh and Doina Caragata- against Defendant(s) -Herbalife International Communications, Inc., Herbalife International of America, Inc. and Steve Peterson- in the captioned lawsuit shall be dismissed by the Court with prejudice... without costs to any party as against the other. This Document relates to 04md1598 and 06-0014. (Signed by Judge Jed S. Rakoff on 10/5/07) (rjm)
October 9, 2007 Opinion or Order Filing 3525 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Hugh M. Russ, III dated 10/1/07 re: Request for removal from the ECF Service List. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 10/5/07) (rjm)
October 9, 2007 Filing 3524 STIPULATION OF DISMISSAL WITH PREJUDICE OF THE PLAINTIFF'S COMPLAINT AGAINST THE DEFENDANTS... It is hereby stipulated and agreed by the Plaintiff, Michael Lisboa, and the Defendant, MuscleTech Research and Development, inc., that pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), the parties, by and through their respective counsel, hereby stipulate and agree that this action is dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document also relates to 06-538, 06-539. (Signed by Judge Jed S. Rakoff on 10/5/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00136-JSR(rjm)
October 5, 2007 Filing 3523 STIPULATION OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION (this document pertains to 05cv6689): the parties agree to dismiss with prejudice all claims in 05cv6689 pursuant to Rule 41(a)(1)(ii) and (c) of the F.R.C.P. (Signed by Judge Jed S. Rakoff on 10/5/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-06689-JSR(kkc)
October 5, 2007 Filing 3522 STIPULATION OF DISMISSAL with prejudice (This document pertains to: 06 cv 6626; 06 cv 4517); any and all claims asserted by pltff Josephine Tornetta, Jeremy Cloud, as personal representative and successor in the interest of Josephine Tornetta, deceased, against defts MII Liquidation, Inc. f.k.a. Metabolife International, Inc., Alpine Health Products, LLC (AHP Liquidation, Inc.), Michael Ellis, Michael Blevins, William Bradley, The Chemins Co., Inc., Vitaquest International, Inc., and Garden State Nutritionals, Inc., shall be dismissed with prejudice. Each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 10/5/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04517-JSR, 1:06-cv-06626-JSR(sn)
October 5, 2007 Filing 3521 NOTICE of Filing of Notice of Entry and Order. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit A - Part 1#2 Exhibit A - Part 2#3 Exhibit B - Part 1#4 Exhibit B - Part 2#5 Exhibit B - Part 3#6 Exhibit B - Part 4#7 Exhibit B - Part 5#8 Exhibit B - Part 6#9 Exhibit B - Part 7#10 Exhibit B - Part 8)(Molton, David)
October 3, 2007 Filing 3520 NOTICE of of Defendants' Motion to Dismiss With Prejudice. Document filed by Metabolife International, Inc., Chemins Company Inc, The, C&M Enterprises. (Attachments: #1 Motion to Dismiss With Prejudice#2 Memorandum in Support of Motion to Dismiss#3 Declaration of Paul C. Cook#4 Declaration of Susan M. Hack#5 Text of Proposed Order Proposed Order to Dismiss)Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04478-JSR(Littrell, Rex)
October 1, 2007 Filing 3519 NOTICE of Pendency of Cases under Chapter 11 of the Federal Bankruptcy Code and of Automatic Stay. Document filed by Bally Total Fitness, Corp., Bally Total Fitness Holding Corp. Memo to Chambers attached to accept as paper filing - Signed by Judge Rakoff on 9/30/07. Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04251-JSR(rjm)
October 1, 2007 Filing 3518 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Karen Miller- against Defendant(s) -RS Oldco, Inc., RL Oldco, Inc. and Rite-Aid Corporation- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-09064-JSR(rjm)
October 1, 2007 Filing 3517 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Kelly S. Coberly- against Defendant(s) -General Nutrition Corporation- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05480-JSR(rjm)
October 1, 2007 Filing 3516 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Marion Lester Singleton- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., VitaQuest International, Inc. d/b/a Garden State Nutritionals, California Creative Enterprises, Inc., Alpine Manufacturing, Inc., Eckerd Drugs of Texas, Inc., Sitrick & Co., Wal-Mart Stores, Inc. and Wal-Mart Super Centers, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04260-JSR(rjm)
October 1, 2007 Opinion or Order Filing 3515 ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Clifton Ford, Linda Harold, Janice Julien and Yvonne Malveaux- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc. and Mike Ellis- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06823-JSR(rjm)
October 1, 2007 Filing 3514 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Dennis L. Vaughan- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., VitaQuest International, Inc. d/b/a Garden State Nutritionals, Alpine Manufacturing, Inc., California Creative Enterprises, Inc., Sitrick & Co., Wal-Mart Stores, Inc., Wal-Mart Super Centers, Inc. and Rexall Sundown, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04263-JSR(rjm)
October 1, 2007 Opinion or Order Filing 3513 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Brian K. Herrington dated 9/19/07 re: Request that Brian K. Herrington be removed from the ECF service list in the referenced matter. ENDORSEMENT: It is hereby ordered that Brian K. Herrington is hereby removed from the ECF service in the referenced matter. (Signed by Judge Jed S. Rakoff on 9/30/07) (rjm)
October 1, 2007 Filing 3512 NOTICE of Opportunity to Object to Special Master's Bill Dated 10/1/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
September 28, 2007 Filing 3511 NOTICE of of Filing Motion to Dismiss with Prejudice. Document filed by Metabolife International Inc.. (Attachments: #1 Motion to Dismiss with Prejudice#2 Memorandum in Support of Motion to Dismiss with Prejudice#3 Declaration of William M. Low in Support of Motion to Dismiss with Prejudice)(Smith, Denise)
September 28, 2007 Filing 3510 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 10/4/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
September 25, 2007 Filing 3509 NOTICE to Take Deposition of Mitchell S. V. Elkind, M.D., M.S. on October 18, 2007 at 11:30 a.m..Document filed by Debra Morehouse.Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(Hageman, Todd)
September 24, 2007 Filing 3508 TRANSCRIPT of proceedings held on 9/6/07 before Judge Jed S. Rakoff. (jbe)
September 21, 2007 Opinion or Order Filing 3507 STATUS ORDER (including Case Management Order No. 38) (this document pertains to all cases): the next status conference will be held at 4:30 pm on 10/4/2007. A motion by defendants to dismiss with prejudice 06cv4514 and 6651, for failure to prosecute, was granted as unopposed. A motion by plaintiffs in 04cv4256 for a suggestion of remand so that the hearing to approve the wrongful-death settlement would be held in the transferor court, was denied. The plaintiffs are granted leave to participate by telephone in a closed settlement hearing before this Court. A motion by Anne Andrews and John C. Thornton, Esqs., to withdraw as counsel for plaintiff in 06cv4514 and 6651, was granted. All other rulings are set forth in this Order. (Signed by Judge Jed S. Rakoff on 9/20/2007) Filed In Associated Cases: 1:04-md-01598-JSR et al.(kkc)
September 21, 2007 Opinion or Order Filing 3506 ENDORSED LETTER (this document pertains to 06cv9381) addressed to Judge Jed S. Rakoff from Robert J. Behling dated 9/17/2007; counsel writes to request removal from the Court's electronic service list for the master case. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 9/20/2007) (kkc)
September 18, 2007 Opinion or Order Filing 3505 ORDER (this document pertains to all cases): that the Court approves the Special Master's bill dated 9/4/2007 and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $3,487.83 to the order of James Niss and mailing it to James Niss, 400 Riverside Drive 3C, New York, NY 10025. (Signed by Judge Jed S. Rakoff on 9/17/2007) (kkc)
September 18, 2007 Opinion or Order Filing 3504 ORDER (this document pertains to all cases): that the Court approves the invoice of Ball Baker Leake, LLC, dated 8/31/2007, and directs the Clerk to issue a check to the order of Ball Baker Leake, LLC in the amount of $956.25 and to send the check by trackable mail or courier to Janice Page CPA, Ball Baker Leake LLC, 122 East 42nd Street, New York, NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs' Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 2(a). (Signed by Judge Jed S. Rakoff on 9/17/2007) (kkc)
September 17, 2007 Filing 3503 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-53)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District outside the SDNY, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jed S. Rakoff, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/29/07) (rjm)
September 17, 2007 Opinion or Order Filing 3502 ENDORSED LETTER addressed to Judge Jed S. Rakoff from David M. Dahlmeier dated 9/6/07 re: Request for David Dahlmeier, Amy Coniaris and Tricia Swanson to be removed from the ECF service list. ENDORSEMENT: "So Ordered." (Signed by Judge Jed S. Rakoff on 9/17/07) (rjm)
September 17, 2007 Filing 3501 MOTION to Approve Reallocation Of Common Fund Assessment PCCs Motion For Reallocation Of Common Fund Assessment and Memorandum in Support. Document filed by PCC. (Attachments: #1 PCCs Memorandum in Support of Motion For Reallocation Of Common Fund Assessment#2 Addendum 01)(O'Leary, Leslie)
September 17, 2007 Filing 3500 MOTION to Approve Increase the Cap on Hotel Reimbursement for Common Benefit Expenses PCC's Motion Seeking Court's Approval to Increase the Cap on Hotel Reimbursement for Common Benefit Expenses. Document filed by PCC. (Attachments: #1 Exhibit Ex. 01#2 Exhibit 02#3 Exhibit Ex. 03#4 Exhibit 04)(O'Leary, Leslie)
September 17, 2007 Filing 3499 MOTION to Approve Increase the Cap on Hotel Reimbursement for Common Benefit Expenses PCC's Motion Seeking Court's Approval to Increase the Cap on Hotel Reimbursement for Common Benefit Expenses. Document filed by PCC.(O'Leary, Leslie)
September 14, 2007 Filing 3498 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Dorothy Jones- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03900-JSR(rjm)
September 14, 2007 Filing 3497 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Katherine Starks- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., Metabolife International LLC, Global Metlife 356 LLC, Michael Ellis, Michael Blevins, William Bradley, Larry Miller, Randy Smith, and Does 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06619-JSR(rjm)
September 14, 2007 Filing 3496 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Beverly McClain- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and Does 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06614-JSR(rjm)
September 14, 2007 Filing 3495 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Ruben Naranjo- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and Does 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06611-JSR(rjm)
September 14, 2007 Filing 3494 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Bertie O'Bryant- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04551-JSR(rjm)
September 14, 2007 Filing 3493 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Stephen Howard- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Walgreen Eastern Co., Inc. d/b/a Walgreens, Alpine Health Products, LLC, Michael Ellis, Michael Blevins, William Bradley, VitaQuest International, Inc. and Garden State Nutritionals, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05977-JSR, 1:06-cv-04516-JSR(rjm)
September 14, 2007 Filing 3492 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Robert Wright- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05969-JSR(rjm)
September 14, 2007 Filing 3491 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Bertwin Martin- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., RS Oldco, Inc., RL Oldco, Inc. and K-Mart Corporation- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05137-JSR(rjm)
September 14, 2007 Filing 3490 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Judith Wolf- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc. and Alpine Manufacturing, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03012-JSR(rjm)
September 14, 2007 Filing 3489 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Charles Motley- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01013-JSR(rjm)
September 14, 2007 Filing 3488 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Derek Roaf- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00159-JSR(rjm)
September 14, 2007 Filing 3487 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Richard Wells- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08204-JSR(rjm)
September 14, 2007 Filing 3486 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Bernard Kintyhtt- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-07633-JSR(rjm)
September 14, 2007 Filing 3485 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Wanda Carr- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06944-JSR(rjm)
September 14, 2007 Filing 3484 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Douglas Yarwood- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc. and General Nutrition Corporation- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06825-JSR(rjm)
September 14, 2007 Filing 3483 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Robert Marshall- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04276-JSR(rjm)
September 14, 2007 Filing 3482 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Carrol Dodson- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc., VitaQuest International, Inc. d/b/a Garden State Nutritionals, California Creative Enterprises, Inc., Alpine Manufacturing, Inc., Sitrick & Co.,- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04265-JSR(rjm)
September 14, 2007 Filing 3481 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Dennis L. Vaughan- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc., VitaQuest International, Inc. d/b/a Garden State Nutritionals, California Creative Enterprises, Inc., Alpine Manufacturing, Inc., Sitrick & Co., Wal-Mart Stores, Inc., Wal-Mart Super Centers, Inc. and Rexall Sundown, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04263-JSR(rjm)
September 14, 2007 Filing 3480 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Marion Lester Singleton- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc., VitaQuest International, Inc. d/b/a Garden State Nutritionals, California Creative Enterprises, Inc., Alpine Manufacturing, Inc., Sitrick & Co., Eckerd Drugs of Texas Inc., Wal-Mart Stores, Inc., and Wal-Mart Super Centers, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04260-JSR(rjm)
September 14, 2007 Filing 3479 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Diane Weber and Lawrence Weber- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., Wal-Mart Stores, Inc. d/b/a Sam's Club- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 9/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04248-JSR(rjm)
September 14, 2007 Filing 3478 AFFIDAVIT OF SERVICE of Notice of Motion and Motion of the Metabolife Official Committee of Unsecured Creditors for the Entry of an Order Approving the MII Mediation Trust Agreement and Related Relief served on Multiple Parties on 9/14/07. Service was made by Mail. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Service List)(Molton, David)
September 14, 2007 Filing 3477 AFFIDAVIT OF SERVICE of Notice of Motion and Motion of the NVE Official Committee of Unsecured Creditors for the Entry of an Order Approving the NVE Ephedra Claimants Trust Agreement and Related Relief served on Multiple Parties on 9/14/07. Service was made by Mail. Document filed by Official Committee of Unsecured Creditors of N.V.E., Inc.. (Attachments: #1 Service List)(Molton, David)
September 14, 2007 Filing 3476 NOTICE of Filing of Order. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit A)(Molton, David)
September 14, 2007 Filing 3475 MOTION to Approve /Motion of the Metabolife Official Committee of Unsecured Creditors for the Entry of an Order Approving the MII Mediation Trust Agreement and Related Relief. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc..Return Date set for 10/4/2007 at 04:30 PM. (Attachments: #1 Motion#2 Exhibit A#3 Exhibit B#4 Exhibit C)(Molton, David)
September 14, 2007 Filing 3474 MOTION to Approve /Motion of the NVE Official Committee of Unsecured Creditors for the Entry of an Order Approving the NVE Ephedra Claimants Trust Agreement and Related Relief. Document filed by Official Committee of Unsecured Creditors of N.V.E., Inc..Return Date set for 10/4/2007 at 04:30 PM. (Attachments: #1 Motion#2 Exhibit A#3 Exhibit B#4 Exhibit A to Exhibit B#5 Exhibit C)(Molton, David)
September 10, 2007 Filing 3472 MOTION to Dismiss. Document filed by Bio-Mark International, Inc..Responses due by 9/17/2007(Heslop, Ashley)
September 7, 2007 Filing 3471 NOTICE of Opportunity to Object to Special Master's Bill Dated 9/4/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
September 7, 2007 Filing 3470 NOTICE of Opportunity to Object to CPA's Bill Dated 8/31/07 payable from the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
September 6, 2007 Filing 3469 NOTICE OF CHANGE OF ADDRESS by Philip Gregory Haddad on behalf of Nittany Pharmaceuticals. New Address: Bailey & Glasser, LLP, 2855 Cranberry Square, Morgantown, WV, United States 26508, 304-594-0087. (Haddad, Philip)
September 4, 2007 Filing 3468 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Marsha Glen, Beverly Cockerham, Tamika Houston, Kathy Hudson, Sharon Magee, Lorriane Marshall, Bobby Mayweather, Estate of Kevin MacKenzie, deceased, as administered by Dolores MacKenzie, Helen Pullins, Bessie Thierry, Randolyn Williams, and Yolanda Christopher- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and Mike Ellis- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 8/31/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06823-JSR(rjm)
September 4, 2007 Opinion or Order Filing 3467 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Cheryl Washington- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... without costs to any party as against the other. (Signed by Judge Jed S. Rakoff on 8/31/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05973-JSR(rjm)
September 4, 2007 Filing 3466 NOTICE OF APPEARANCE by John J. Doody on behalf of Eckerd Corporation Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-00484-JSR(Doody, John)
September 4, 2007 Filing 3465 NOTICE of Filing of Pleadings. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit A to Exhibit 7#9 Exhibit 8#10 Exhibit 9#11 Exhibit 10#12 Exhibit 11#13 Exhibit 12#14 Exhibit 13#15 Exhibit 14)(Molton, David)
August 31, 2007 Filing 3464 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 9/6/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
August 30, 2007 Filing 3463 REPLY MEMORANDUM OF LAW in Support re: #3461 MOTION to Preclude Plaintiff's Expert Opinions on General and Case Specific Causation.. Document filed by Body Dynamics, Inc.. (Gleber, Erich)
August 30, 2007 Filing 3462 RESPONSE in Opposition re: #3461 MOTION to Preclude Plaintiff's Expert Opinions on General and Case Specific Causation.. Document filed by Russell Wilburn. (Attachments: #1 Affidavit of R. Briggs#2 Exhibit A - part 1#3 Exhibit A - part 2#4 Exhibit A - part 3#5 Exhibit B#6 Exhibit C#7 Exhibit D#8 Exhibit E#9 Exhibit F#10 Exhibit G#11 Exhibit H#12 Exhibit I#13 Exhibit J)(Briggs, Russell)
August 30, 2007 Filing 3461 MOTION to Preclude Plaintiff's Expert Opinions on General and Case Specific Causation. Document filed by Body Dynamics, Inc..Return Date set for 9/6/2007 at 04:30 PM. (Attachments: #1 Exhibit Notice of Motion#2 Affidavit Affidavit of E. Gleber#3 Exhibit Exhibit A#4 Exhibit Exhibit B#5 Exhibit Exhibit C - D#6 Exhibit Exhibit E#7 Exhibit Exhibit F#8 Exhibit Exhibit F-1#9 Exhibit Exhibit F-2#10 Exhibit Exhibit G#11 Exhibit Exhibit H#12 Exhibit Exhibit I - J)(Gleber, Erich)
August 29, 2007 Filing 3460 NOTICE of Filing of Findings of Fact and Conclusions of Law with Regard to Debtor's Plan of Reorganization and Order Confirming Debtor's Plan of Reorganization. Document filed by Official Committee of Unsecured Creditors of N.V.E., Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit B - Part 2)(Molton, David)
August 28, 2007 Filing 3455 NOTICE of Withdrawal of Plaintiff's Motions for Entry of Default re: (12 in 1:07-cv-00484-JSR) MOTION for Default Judgment as to CVS Pharmacy Store #3639., (5 in 1:07-cv-00484-JSR) MOTION for Entry of Default as to Eckerd Corporation., (13 in 1:07-cv-00484-JSR) MOTION for Default Judgment as to CVS Pharmacy, Inc... Document filed by Katherine Cowsert. Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-00484-JSR(Gonzalez, Thomas)
August 27, 2007 Filing 3473 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-52)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New Jersey, C.A. No. 2:06-4887, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jed S. Rakoff, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/3/07) (rjm)
August 27, 2007 Opinion or Order Filing 3458 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Brian A. Wahl dated 8/9/07 re: Brian A. Wahl and Anne Marie Seibel write to notify the court that since they are no longer representing any clients in the Ephedra MDL proceeding, they would like to be removed from the Court's electronic service list for the master case. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/24/07) (tro)
August 27, 2007 Opinion or Order Filing 3457 ORDER: After reviewing the Special Master's bills dated July 3 and August 1, 2007, respectively in the amounts of $8,254.00 and $4,125.00, the Court hereby approves them and directs the Clerk of the Court to pay these invoices from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $12,379.00 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York, NY, 10025. (Signed by Judge Jed S. Rakoff on 8/24/07) Copy of the Order fowarded to the Cashiers Office, Room 120. (tro)
August 27, 2007 ***DELETED DOCUMENT. Deleted document number 3459 Endorsed Letter. The document is a duplicate entry to document no. #3458 . (kkc)
August 27, 2007 ***DELETED DOCUMENT. Deleted document number 3459 Endorsed Letter. The document is a duplicate entry to document no. 3458 . (kkc)
August 27, 2007 Opinion or Order Filing 3454 ORDER (this document pertains to 05cv3886): plaintiff's motion for leave to file an amended complaint in 05cv3886 is denied without prejudice. (Signed by Judge Jed S. Rakoff on 8/24/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03886-JSR(kkc)
August 27, 2007 Filing 3453 NOTICE OF SUBSTITUTION OF COUNSEL (this document pertains to 07cv484): that the offices of Harris Beach PPL are substituted as counsel for defendants Nutrition & Fitness, Inc., NFI Consumer Products, Inc., and NFI Dietary Supplements, in place and stead of the law offices of Gaebe, Mullen, Antonelli. Esco & DiMatteo. (Signed by Judge Jed S. Rakoff on 8/24/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-00484-JSR(kkc)
August 27, 2007 Opinion or Order Filing 3452 ORDER (this document pertains to 04cv7630); the Clerk of Court is ordered to: 1. Mark all defendants in 04cv7630 as terminated, including RS OLDCO, Inc., f/k/a Rexall Sundown, Inc., RL OLDCO, Inc., f/k/a Richardson Labs, Inc., and Wal-Mart Stores, Inc., and 2. Mark the case as a closed case. (Signed by Judge Jed S. Rakoff on 8/24/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-07630-JSR(kkc)
August 27, 2007 Filing 3451 STIPULATION OF DISMISSAL (this document pertains to 04cv5471): that defendant MII Liquidation, Inc. f/k/a Metabolife International, Inc. in 04cv5471 shall be Dismissed with prejudice. Each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 8/24/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05471-JSR(kkc)
August 27, 2007 Opinion or Order Filing 3450 ORDER (this document pertains to 04cv4252); the Clerk of Court is ordered to : 1. Mark all defendants in 04cv4252 as terminated, including Rexall Sundown, Inc., Richardson Labs, Inc., and Wal-Mart Stores, Inc., and 2. Mark the case as a closed case. (Signed by Judge Jed S. Rakoff on 8/24/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04252-JSR(kkc)
August 27, 2007 Opinion or Order Filing 3449 STIPULATION AND ORDER OF DISMISSAL (this action pertains to 06cv9381): that all claims of the Plaintiffs, Candace Ishman and Raymond Finnie against the Defendants are dismissed with prejudice. (Signed by Judge Jed S. Rakoff on 8/24/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR, 1:06-cv-09381-JSR(kkc)
August 27, 2007 Filing 3448 STIPULATION OF DISMISSAL (this document pertains to 06cv4527, 06cv4496, 06cv13024, 06cv13044); that any and all claims asserted and/or assertable by plaintiff Vincent B. Perlingiere against defendants in the above-captioned lawsuits shall be dismissed with prejudice. Each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 8/24/2007) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04496-JSR, 1:06-cv-04527-JSR, 1:06-cv-13024-JSR, 1:06-cv-13044-JSR(kkc)
August 24, 2007 Filing 3456 CERTIFIED TRUE COPY OF MDL REMAND OUT ORDER FROM THE MDL PANEL... Pursuant to 28 U.S.C. 1407, action 04cv9358 is remanded from the U.S.D.C. (S.D.N.Y) to the transferor court United States District Court - Northern District of Oklahoma. (Signed by MDL Panel on 8/2/2007) (kkc)
August 24, 2007 Filing 3447 MOTION to Remand. Document filed by Susan Griffin, Lawrence Griffin. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Certificate of Service)Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04256-JSR(Rikard, Robert)
August 20, 2007 Opinion or Order Filing 3446 ORDER (This document pertains to: 04 cv 8556); Having considered the objections of deft submitted on 8/10/07, the Court grants pltff's motion for a suggestion of remand. (Signed by Judge Jed S. Rakoff on 8/18/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(sn)
August 14, 2007 Opinion or Order Filing 3445 ORDER. On 8/7/07, deft. Body Dynamics, Inc. filed, out of time, 2 motions: a motion for summary judgment (filed only in case #06-13046 as Doc. No. 35) on the ground of inadequate product identification and a motion to exclude (filed only in case #06-13046 as Doc. No. 36). Plaintiff objected to both motions as untimely. BDI's motion for summary judgment is hereby denied. On the other hand, BDI filed its Daubert motion only one day after the date (8/6) that the parties, by their mutual miscalculation, had agreed was the deadline, and the one-day lateness was due to BDI's difficulty w/the Court's electronic filing system... The Court does not consider plaintiff to be prejudiced by the slightly untimely Daubert motion. Accordingly, plaintiff's request to preclude BDI's Daubert motion is hereby denied. Plaintiff is directed to file answering papers to the Daubert motion by 8/21/07. Defendant to file reply papers by 8/28/07, and the Court will hear oral argument at the 9/6/07 status conference. (Signed by Judge Jed S. Rakoff on 8/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13046-JSR(rjm)
August 14, 2007 Opinion or Order Filing 3444 ORDER re: (3442 in 1:04-md-01598-JSR, 150 in 1:04-cv-08556-JSR) Order dated 8/9/07 granting ptff's request for a suggestion of remand is hereby vacated to allow the Court to consider the objections thereto submitted by deft. on 8/10/07. (Signed by Judge Jed S. Rakoff on 8/10/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(rjm)
August 13, 2007 Opinion or Order Filing 3443 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Sheila E. Carson dated 7/31/07 re: Request that my name and email address be removed from the ECF service list in this referenced matter. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 8/10/07) (rjm)
August 10, 2007 Opinion or Order Filing 3442 ORDER that Plaintiff's motion for a suggestion of remand is hereby granted (no motion listed to terminate). (Signed by Judge Jed S. Rakoff on 8/9/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(rjm)
August 8, 2007 Filing 3441 AFFIDAVIT OF SERVICE of Motion to Dismiss With Prejudice, Motion to Dismiss with Prejudice, Memo In Support of Motion To Dismiss With Prejudice served on Dianne Pitts, The Chemins Company, Inc; Vitaquest International, Inc; Garden State Nutritionals, Inc.; Jack Eckerd Corporation d/b/a Eckerd Drugs and CVS Pharmacy, Inc.; Official Committee of Unsecured Creditors on 8/08/07. Service was made by Mail. Document filed by Metabolife International, Inc.. (Vaughan, Lori)
August 8, 2007 Filing 3440 AFFIDAVIT OF SERVICE of Notice of Motion to Dismiss, Motion to Dismiss, Memo in Support of Motion to Dismiss served on Plaintiff, Marsha Marie Glen; Official Committee of Unsecured Creditors on 08/08/07. Service was made by Mail. Document filed by Metabolife International, Inc.. (Vaughan, Lori)
August 8, 2007 Filing 3439 MOTION to Dismiss With Prejudice. Document filed by Metabolife International, Inc..Responses due by 8/22/2007,Return Date set for 9/6/2007 at 04:30 PM. (Attachments: #1 Supplement Defendants' Motion to Dismiss With Prejudice#2 Supplement Memo in Support of Defendants' Motion To Dismiss With Prejudice)(Vaughan, Lori)
August 8, 2007 Filing 3438 MOTION to Dismiss. Document filed by Metabolife International, Inc..Responses due by 8/22/2007,Return Date set for 9/6/2007 at 04:30 PM. (Attachments: #1 Supplement Defendants' Motion To Dismiss#2 Supplement Memo In Support of Defendants' Motion To Dismiss)(Vaughan, Lori)
August 7, 2007 Filing 3437 NOTICE of Affidavit of John C. Thornton in Support of Motion to Withdraw as Counsel for Plaintiff. Document filed by Diane Pitts. (Andrews, Anne)
August 7, 2007 Filing 3436 NOTICE of Motion to Withdraw as Counsel for Plaintiff. Document filed by Diane Pitts. (Andrews, Anne)
August 7, 2007 Filing 3435 NOTICE of Opportunity to Object to CPA's Bill Payable from the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
August 7, 2007 Filing 3434 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Herbalife Ltd. as Corporate Parent. Document filed by Herbalife International of America, Inc., Herbalife International, Inc..(McGowen, Frederick)
August 6, 2007 Filing 3433 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Loukrisha Mae Davis Dove, Individually and as Administratrix of the Estate of Steeley Daniel Dove, Deceased and on behalf of Julianne Alexis Dove and Ayden Mikal Dove, Minor Children- against Defendant(s) -NVE, Inc., Alimentation Couche-Tard, Inc., Murphy Oil USA, Inc., Wal-Mart Stores, Inc., Robert Occhifinto- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 8/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-06677-JSR(rjm)
August 6, 2007 Filing 3432 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Esther Louis- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 8/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05974-JSR(rjm)
August 1, 2007 Filing 3431 NOTICE of Opportunity to Object to Special Master's bill dated 8/1/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
August 1, 2007 Filing 3430 STIPULATION OF DISMISSAL WITH PREJUDICE OF THE PLAINTIFFS' COMPLAINT AGAINST THE DEFENDANTS... that pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), any and all claims asserted and/or assertable by Plaintiff(s) -Debra Meashintubby- against Defendant(s) -MuscleTech Research & Development, Inc., and Wal-Mart Stores- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/31/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05985-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR(rjm)
August 1, 2007 Filing 3429 NOTICE of Settlement , Stipulation of Dismissal. Document filed by Nutramerica Corporation. (Granite, Laurence)
July 31, 2007 Opinion or Order Filing 3428 FINAL ORDER AUTHORIZING RELEASE OF ESCROW FUNDS AND APPROVING COMPROMISE OF CLAIMS OF MINORS... that Plaintiff's recovery shall be assessed at a rate of six percent of the gross value of the total settlement amount. The Escrow Agent shall promptly pay into the Court the Assessed Amount out of the Escrow Fund, in accordance with the procedures described in Case Management Order No. 7. The Payer Statement to be submitted by the Escrow Agent in conjunction with payment of the Assessed Amount shall name the Escrow Agent as the "Payer," and shall reflect the 2/3 of the Assessed Amount is to be directed to the Ephedra Plaintiffs' Common Attorney Fee Fund, and 1/3 of the Assessed Amount is to be directed to the Ephedra Plaintiffs' Common Expense Fund. The settlement in the gross amount of $95,000.00 and the Settlement Agreement dated 11/6/06 is approved. From that gross amount, the escrow agent is directed to make the following payments: $1,900.00 to the Common Expense Fund; $3,800.00 to the Common Fee Fund; $36,073.21 to Law Offices of Andrew Ellis for case expenses; The gross-minus-expenses balance of $57,026.79 to be used to calculate the 40 percent fee payable to all contingent fee attorneys yielding fees for all attorneys of $22,810.72. After deduction of the $3,800.00 payable to the Common Fee Fund, the remainder of $19,010.72 shall be paid to the Law Offices of Andrew Ellis. $34,216.07 shall be paid to Plaintiff Michael Lisboa. (Signed by Judge Jed S. Rakoff on 7/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR(rjm)
July 31, 2007 Filing 3427 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE... that pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), the parties, by and through their respective counsel, hereby stipulate and agree that this action is dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00087-JSR(rjm)
July 27, 2007 Filing 3426 RULE 56.1 STATEMENT. Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International Communications, Inc.. (Gray, Joanne)
July 27, 2007 Filing 3425 DECLARATION of Joanne M. Gray in Support re: #3423 MOTION for Summary Judgment.. Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International Communications, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N(a)#15 Exhibit N(b)#16 Exhibit O#17 Exhibit P#18 Exhibit Q#19 Exhibit R#20 Exhibit S#21 Exhibit T#22 Exhibit U#23 Exhibit V#24 Exhibit W#25 Exhibit X#26 Exhibit Y#27 Exhibit Z#28 Exhibit AA)(Gray, Joanne)
July 27, 2007 Filing 3424 MEMORANDUM OF LAW in Support re: #3423 MOTION for Summary Judgment.. Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International Communications, Inc.. (Gray, Joanne)
July 27, 2007 Filing 3423 MOTION for Summary Judgment. Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International Communications, Inc..(Gray, Joanne)
July 27, 2007 Filing 3422 NOTICE of Filing of Notice of Hearing on Confirmation and Amended Disclosure Statement. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2 - Part 1#3 Exhibit 2 - Part 2#4 Exhibit A to Exhibit 2#5 Exhibit A to Exhibit A#6 Exhibit B to Exhibit A#7 Exhibit C to Exhibit A)(Molton, David)
July 26, 2007 Filing 3421 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Justin Fontenot- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Alpine Manufacturing, Inc., Twin Laboratories, Inc., N.V.E., Inc., and Does 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/25/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06606-JSR(rjm)
July 26, 2007 Filing 3420 MOTION to Remand and Brief in Support. Document filed by Margaret Parks. (Attachments: #1 Exhibit A - Order#2 Exhibit B - Affidavit)Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09358-JSR(Edmonds, James)
July 26, 2007 Filing 3419 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Terrill Armbrister- against Defendant(s) -Chattem, Inc. and all current and former retailers, suppliers, and manufacturers of any Dexatrim product in the captioned lawsuit, including Defendant Thompson Medical Company- shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 04MD1598 and 06-1456. (Signed by Judge Jed S. Rakoff on 7/25/07) (rjm)
July 25, 2007 Filing 3418 TRANSCRIPT of proceedings held on 6/25/07 before Judge Jed S. Rakoff. (jbe)
July 24, 2007 Filing 3416 Objection to Cross-Notice of Deposition of Kim Snowdon. Document filed by Herbalife International of America, Inc., Herbalife International, Inc.. (Gray, Joanne)
July 24, 2007 Filing 3415 Objection to Cross-Notice of Deposition of Carol Hannah. Document filed by Herbalife International of America, Inc., Herbalife International, Inc.. (Gray, Joanne)
July 23, 2007 Filing 3414 MEMO ENDORSEMENT ON NOTICE OF SUBSTITUTION OF COUNSEL, Attorney Steven A. Stadtmauer for NFI Consumer Products, Inc., Nutrition & Fitness, Inc. and NFI Dietary Supplements added. Attorney Greg M. Gaebe terminated. This Document relates to 04md1598 and 07-0484. (Signed by Judge Jed S. Rakoff on 7/21/07) (rjm)
July 20, 2007 Opinion or Order Filing 3413 ORDER that defendants' request seeking leave to file motions in limine is emphatically denied... and as further set forth in said Order. (Signed by Judge Jed S. Rakoff on 7/20/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(rjm)
July 20, 2007 Filing 3412 NOTICE of Deposition of Kim Snowden. Document filed by PCC. (Blizzard, Edward)
July 20, 2007 Filing 3411 NOTICE of Deposition of Carol Hannah. Document filed by PCC. (Blizzard, Edward)
July 19, 2007 Filing 3409 MOTION for Default Judgment as to CVS Pharmacy, Inc. Document filed by Katherine Cowsert.(Gonzalez, Thomas)
July 19, 2007 Filing 3408 MOTION for Default Judgment as to CVS/Pharmacy Store #3639. Document filed by Katherine Cowsert.(Gonzalez, Thomas)
July 17, 2007 Opinion or Order Filing 3410 ORDER (this document pertains to all cases): that the Court approves the invoice of Ball Baker Leake, LLC, dated 6/30/2007, and directs the Clerk to issue a check to the order of Ball Baker Leake, LLC in the amount of $602.50 and to send the check by trackable mail or courier to Janice Page CPA, Ball Baker Leake LLC, 122 East 42nd Street, New York, NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs' Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 2(a). (Signed by Judge Jed S. Rakoff on 7/16/2007) Filed In Associated Cases: 1:04-md-01598-JSR et al.(kkc)
July 17, 2007 Opinion or Order Filing 3406 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 37). The next Status Conference is set for 9/6/2007 at 04:30 PM before Judge Jed S. Rakoff... and as further set forth regarding the procedures to be followed that shall govern the handling of Case Management Order No. 37. (Signed by Judge Jed S. Rakoff on 6/29/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
July 16, 2007 Filing 3405 RULE 26 DISCLOSURE.Document filed by Joaquinta Brooks. (Attachments: #1 Exhibit H to Amended Notice of Rule 26 Expert Disclosures)Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03898-JSR(Hageman, Todd)
July 16, 2007 Opinion or Order Filing 3404 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE that upon Motion of Peter C. Neger, dated 6/28/07, for admission pro hac vice of an attorney in this Multidistrict Litigation, and for good cause shown, it is hereby Ordered, that ANNE L. ROSS, Esq., is admitted to this Court pro hac vice. (Signed by Judge Jed S. Rakoff on 7/10/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm) Additional attachment(s) added on 7/19/2007 (Miranda, Robert).
July 16, 2007 Opinion or Order Filing 3403 MEMORANDUM ORDER granting in part and denying in part #3325 Motion to Preclude the expert testimony of Lawrence W. Shields, M.D., plaintiffs' retained case-specific neurologist. This Document relates to 04MD1598 and 06CV0014. (Signed by Judge Jed S. Rakoff on 7/13/07) (rjm)
July 16, 2007 Opinion or Order Filing 3402 ORDER granting (3331) Motion to Remand; denying (3386) Motion in Limine in case 1:04-md-01598-JSR; granting (153) Motion to Remand; denying (160) Motion in Limine in case 1:04-cv-09358-JSR. (Signed by Judge Jed S. Rakoff on 7/12/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09358-JSR(rjm)
July 16, 2007 Filing 3401 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Monique Lanier- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and DOES 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06612-JSR(rjm)
July 16, 2007 Filing 3400 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Ronnie L. Allen- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., VitaQuest International, Inc. d/b/a Garden State Nutritionals, GNC Franchising, Inc., and Franchising OLDCO, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-02476-JSR(rjm)
July 16, 2007 Opinion or Order Filing 3399 DISMISSAL ORDER... It is hereby ordered that the entitled cause of action 05cv1006 is dismissed with prejudice. (Signed by Judge Jed S. Rakoff on 7/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-01006-JSR(rjm)
July 16, 2007 Filing 3398 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Carrol Dodson, Bobby Jack Edwards, Jr., Richard Kasko, Karen LeBlanc, Peggy McGuire, Rebecca Schrader, Marion Lester Singleton and Dennis Vaughn- against Defendant(s) -The Chemins Company, Inc. and Vitaquest International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00153-JSR(rjm)
July 16, 2007 Filing 3397 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Brandon Richardson- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc., and Wal-Mart Stores, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06844-JSR(rjm)
July 16, 2007 Filing 3396 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Jennifer Burton- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., Metabolife International, LLC, Global Metabolife 356 LLC, Michael Ellis, Robert Bradley, Larry Miller, Michael Blevins, Randy Smith, Wal-Mart Stores Corporation, Walgreens Corporation and DOES 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04219-JSR(rjm)
July 16, 2007 Filing 3395 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Debbie Ramey and Orville Jay Ramey- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., Metabolife International, LLC, Global Metabolife 356 LLC, Michael Ellis, Robert Bradley, Larry Miller, Michael Blevins, Randy Smith, Wal-Mart Stores Corporation, and DOES 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04218-JSR(rjm)
July 16, 2007 Filing 3394 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Dianna Upson- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., Metabolife International, LLC, Walgreens Corporation and DOES 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 7/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04214-JSR(rjm)
July 9, 2007 Filing 3393 DECLARATION of William A. Fiasco in Opposition re: (160 in 1:04-cv-09358-JSR) MOTION in Limine to Exclude Product Test Data or Any Other Evidence of Whether the Herbalife Product at Issue Contained Hydrochloride or Sulfate Salts of Ephedrine Alkaloids.. Document filed by Margaret Parks. (Attachments: #1 Exhibit 1 - Ephedra Plan, Fact No. 3#2 Exhibit 2 - E-mail from Shawn Sparks, to Robert Frankson and Anita Santarina, June 6, 2001#3 Exhibit 3 - E-mail from Robbi Fernandez to Carol Hannah, August 17, 2000#4 Exhibit 4 - Plaintiff's First Set of Fact Specific Discovery to Defendants#5 Exhibit 5 - Defendants' Responses to Plaintiff's Discovery Requests)Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09358-JSR(Fiasco, William)
July 9, 2007 Filing 3392 RESPONSE in Opposition re: (160 in 1:04-cv-09358-JSR) MOTION in Limine to Exclude Product Test Data or Any Other Evidence of Whether the Herbalife Product at Issue Contained Hydrochloride or Sulfate Salts of Ephedrine Alkaloids. Plaintiff Margaret M. Parks' Response to Herbalife International of America, Inc.'s and Herbalife International, Inc.'s Motion in Limine. Document filed by Margaret Parks. Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09358-JSR(Fiasco, William)
July 5, 2007 Filing 3391 NOTICE of Opportunity to Object to CPA's Bill Dated 6/30/07 payable from the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
July 3, 2007 Filing 3390 NOTICE of Opportunity to Object to Special Master's Bill Dated 7/3/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
July 3, 2007 Filing 3389 TRANSCRIPT of proceedings held on 5/3/2007 before Judge Jed S. Rakoff. (jp)
July 2, 2007 Filing 3388 DECLARATION of Joanne M. Gray in Support re: #3386 MOTION in Limine to Exclude Product Test Data or Any Other Evidence of Whether the Herbalife Product at Issue Contained Hydrochloride or Sulfate Salts of Ephedrine Alkaloids.. Document filed by Herbalife International of America, Inc., Herbalife International, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Gray, Joanne)
July 2, 2007 Filing 3387 MEMORANDUM OF LAW in Support re: #3386 MOTION in Limine to Exclude Product Test Data or Any Other Evidence of Whether the Herbalife Product at Issue Contained Hydrochloride or Sulfate Salts of Ephedrine Alkaloids.. Document filed by Herbalife International of America, Inc., Herbalife International, Inc.. (Gray, Joanne)
July 2, 2007 Filing 3386 MOTION in Limine to Exclude Product Test Data or Any Other Evidence of Whether the Herbalife Product at Issue Contained Hydrochloride or Sulfate Salts of Ephedrine Alkaloids. Document filed by Herbalife International of America, Inc., Herbalife International, Inc..(Gray, Joanne)
June 29, 2007 Opinion or Order Filing 3385 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney John H. Tiller for Christicole Enterprises, Inc. admitted Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 6/29/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
June 29, 2007 Transmission to Attorney Admissions Clerk [doc. no. 3385]. Transmitted, to the Attorney Admissions Clerk for updating of Attorney Information. (rjm).
June 28, 2007 CASHIERS OFFICE REMARK on 3382 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 6/28/07, Receipt Number 619511. (rjm)
June 28, 2007 CASHIERS OFFICE REMARK on #3382 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 6/28/07, Receipt Number 619511. (rjm)
June 26, 2007 Filing 3384 NOTICE of Filing of Orders and Motion. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Molton, David)
June 22, 2007 Opinion or Order Filing 3383 ORDER... After reviewing the invoice of BALL BAKER LEAKE, LLC, dated 6/7/07, the Court hereby approves it and directs the Clerk to issue a check to the order of BALL BAKER LEAKE, LLC in the amount of $1,291.76 and to send the check by trackable mail or courier to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding purs. to Case Management Order No. 7 P. 2(a). (Signed by Judge Jed S. Rakoff on 6/19/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
June 22, 2007 Opinion or Order Filing 3382 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Lizabeth M. Conran for Schnuck Markets Inc. admitted Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 6/19/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05466-JSR(rjm)
June 22, 2007 Filing 3381 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Annabelle Jaramillo and Celestino Jaramillo- against Defendant(s) -Paul Timothy Gardiner, the Paul Gardiner Family Trust, Muscle Tech Research & Development, Inc., Iovate Health Sciences Group, Inc., all known and unknown Iovate Subsidiaries, HVL, Inc. d/b/a Douglas Laboratories, Walgreen Co., Better Bodz, LLC, and Lovelace Health Systems, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/19/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR, 1:07-cv-02656-JSR(rjm)
June 22, 2007 Filing 3380 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Dorothy Porter- against Defendant(s) -Kaire, Inc. and Natural Health Trends Corp.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/20/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03893-JSR(rjm)
June 22, 2007 Filing 3379 SUGGESTION OF DEATH upon the record as to Robert Hutchinson on 2/9/07. Document filed by Robert Hutchinson(Molton, David)
June 20, 2007 Filing 3378 NOTICE of Amended Notice of Appeal. Document filed by Thomas Schneider, Sr. (Attachments: #1 Exhibit Stipulation and Order of Final Judgment)Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06822-JSR(Berg, David)
June 19, 2007 Filing 3377 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 6/25/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
June 15, 2007 Filing 3376 RESPONSE in Opposition re: (3277 in 1:04-md-01598-JSR) MOTION to Exempt or Reduce Settlement from 6% Assessment for the Common Funds., (180 in 1:06-cv-00539-JSR, 189 in 1:06-cv-00538-JSR) MOTION., (94 in 1:05-cv-00136-JSR) MOTION for Attorney Fees.. Document filed by PCC. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-00136-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR(Hanly, Paul)
June 15, 2007 Filing 3375 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Bobby Jack Edwards- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., VitaQuest International, Inc. d/b/a Garden State Nutritionals, Alpine Manufacturing, Inc., California Creative Enterprises, Inc., Sitrick & Co., Wal-Mart Stores, Inc., Wal-Mart Super Centers, Inc., and Parkdale Mall Merchants Association, Inc. - in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/14/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04264-JSR(rjm)
June 14, 2007 Filing 3374 TRANSCRIPT of proceedings held on 5/3/2007 at 5:15 p.m. before Judge Jed S. Rakoff. (aba)
June 12, 2007 Opinion or Order Filing 3373 ORDER... After reviewing the Special Master's bill dated 6/1/07, the Court hereby approves it and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $6,685.88 to the order of James Niss and sending it by trackable mail or courier to James Niss, 400 Riverside Drive 3C, New York NY 10025. (Signed by Judge Jed S. Rakoff on 6/12/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
June 12, 2007 Filing 3372 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Asa L. Jones- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., Alpine Health Products, LLC, and Rite Aid Corporation- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/12/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04511-JSR(rjm)
June 12, 2007 Filing 3371 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Wendy Davis- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Walgreen Co., Michael Joseph Ellis, Michael Lee Blevins- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/12/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-01458-JSR(rjm)
June 12, 2007 Filing 3370 DECLARATION of Joanne M. Gray (Pertains to: Harbir Singh, et al. v. Herbalife International Communications, Inc., et al. Case Number 06cv0014). Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International Communications, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I)(Gray, Joanne)
June 12, 2007 Filing 3369 REPLY to Response to Motion re: #3325 MOTION to Preclude Plaintiffs' Case-Specific Expert's Opinions or Portions Thereof. (Pertains to: Harbir Singh, et al. v. Herbalife International Communications, Inc., et al. Case Number 06cv0014). Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International Communications, Inc.. (Gray, Joanne)
June 7, 2007 Filing 3368 FINAL JUDGMENT for defendant RL Oldco, Inc. (f/n/a Richardson Labs, Inc.) as a matter of law in case no. 04 CV 6822 (JSR). (Signed by Judge Jed S. Rakoff on 6/6/07) (Attachments: #1 notice of right to appeal)Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06822-JSR(ml)
June 7, 2007 Filing 3367 STIPULATION OF DISMISSAL WITH PREJUDICE OF THE PLAINTIFF'S COMPLAINT AGAINST THE DEFENDANTS... that any and all claims asserted and/or assertable by Plaintiff(s) -Timothy A. McLaughlin, individually and as Special Administrator of the Estate of Laurie McLaughlin, deceased- against Defendant(s) -MuscleTech Research and Development, Inc., HVL, Inc., General Nutrition Corporation, GNC Franchising, Inc., and E & L Associates, Inc. d/b/a GNC- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR, 1:07-cv-02816-JSR(rjm)
June 7, 2007 Filing 3366 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Ruby Rodriguez, individually and as Special Administrator of the Estate of Ruth Giovanna Rodriguez-Ordinola- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and Does 1-11- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06652-JSR(rjm)
June 7, 2007 Filing 3365 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Katrina Oldham- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04567-JSR(rjm)
June 7, 2007 Filing 3364 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Felicia King- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and Does 1-100- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06618-JSR(rjm)
June 7, 2007 Filing 3363 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Donald and Deborah Riordan- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, and Wal-Mart Stores, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-07626-JSR(rjm)
June 7, 2007 Filing 3362 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Deborah K. Smoot as Executor/Administrator of the Estate of Tracy R. Smoot, Deceased- against Defendant(s) -AST Sports Science, Inc., GN Oldco Corporation, f/k/a General Nutrition Corporation and General Nutrition Companies, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05482-JSR(rjm)
June 7, 2007 Filing 3361 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Elizabeth and Robert Wigginton- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., Wal-Mart Stores, Inc., and Schnuck Markets, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05466-JSR(rjm)
June 7, 2007 Filing 3360 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Genevieve Romancik- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04283-JSR(rjm)
June 7, 2007 Opinion or Order Filing 3359 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Jaimie Foxx- against Defendant(s) -Herbalife International of America, Inc. and Herbalife, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 6/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05474-JSR(rjm)
June 7, 2007 Filing 3358 NOTICE of Opportunity to Object to CPA's Bill Payable from the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
June 7, 2007 Filing 3357 NOTICE OF CHANGE OF ADDRESS by Steven A. Stadtmauer on behalf of Garden State Nutritionals, a division of Vitaquest International, Inc., Garden State Nutritionals. New Address: Harris Beach PLLC, 100 Wall Street, New York, New York, 10005, 212-687-0100. Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03021-JSR(Stadtmauer, Steven)
June 5, 2007 Filing 3356 RULE 26 DISCLOSURE.Document filed by Debra Morehouse. (Attachments: #1 Exhibit A - Report of John Maggio, Ph.D.#2 Exhibit B - CV of John Maggio, Ph.D.#3 Exhibit C - Report of David Schreiber, M.D.#4 Exhibit D - CV of David Schreiber, M.D.)Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(Hageman, Todd)
June 4, 2007 Filing 3354 NOTICE of Stipulation of Dismissal With Prejudice of Defendants GN Oldco Corporation, f/k/a General Nutrition Corporation and General Nutrition Corporation (Pertains to Yarwood v. Metabolife, et al., Case No. 04 CV 06825). Document filed by GN Oldco Corp. f/k/a General Nutrition Corporation, General Nutrition Corporation. Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06825-JSR(Suffern, Michael)
June 1, 2007 Filing 3355 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-51)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Maryland, C.A. No. 1:05-2411, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jed S. Rakoff, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/9/07) (rjm)
June 1, 2007 Filing 3353 NOTICE of Opportunity to Object to Special Master's Bill Dated 6/1/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
June 1, 2007 Filing 3352 NOTICE OF APPEARANCE by Denise Michelle Smith on behalf of R.S. Oldco, Inc., R.S. Oldco, Inc. (Attachments: #1 Exhibit Order Granting Pro Hac Vice Status)Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-14248-JSR, 1:07-cv-00485-JSR(Smith, Denise)
May 29, 2007 Filing 3350 DECLARATION of Joanne M. Gray in Opposition re: #3346 MOTION to Preclude.. Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International Communications, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Gray, Joanne)
May 29, 2007 Filing 3349 MEMORANDUM OF LAW in Opposition re: #3346 MOTION to Preclude. Defendants' Memorandum in Opposition to Plaintiffs' Motion to Preclude or Limit the Testimony of Defendants' Case-Specific Experts. Document filed by Herbalife International Communications, Inc., Herbalife International of America, Inc., Steve Peterson. (Gray, Joanne)
May 29, 2007 Filing 3348 MEMORANDUM OF LAW in Opposition re: #3325 MOTION to Preclude Plaintiffs' Case-Specific Expert's Opinions or Portions Thereof.. Document filed by Harbir Singh. (Rheingold, David)
May 29, 2007 Filing 3347 MOTION to Preclude (Memoradum of Law). Document filed by Harbir Singh.(Rheingold, David)
May 29, 2007 Filing 3346 MOTION to Preclude. Document filed by Harbir Singh.(Rheingold, David)
May 29, 2007 Opinion or Order Filing 3345 ORDER ENDORSEMENT ON MOTION ADMITTING ATTORNEY PRO HAC VICE. Attorney Jeanette Hargreaves for GN Oldco Corp. f/k/a General Nutrition Corporation, GNCI OLDCO, Inc. f/k/a General Nutrition Companies, Inc., GNI OLDCO, Inc. f/k/a General Nutrition Incorporated, RL Oldco, Inc., R.S. Oldco, Inc., RS OLDCO, Inc. f/k/a Rexall Sundown, Inc., RL OLDCO, Inc., f/k/a Richardson Labs, Inc., Wal-Mart Stores, Inc., CVS Pharmacy, Inc., RS Oldco Inc., RL Oldco Inc., Wal-Mart Stores Inc., GN Oldco Corpoation f/k/a General Nutrition Corporation, GNCI Oldco, Inc., f/k/a General Nutrition Companies, Inc., GNI Oldco, Incorporated, f/k/a General Nutrition Companies admitted Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/29/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-14248-JSR, 1:07-cv-00485-JSR(rjm) Additional attachment(s) added on 6/1/2007 (Miranda, Robert).
May 25, 2007 Filing 3344 REPLY to Response to Motion re: (153 in 1:04-cv-09358-JSR) MOTION to Remand Plaintiff's Motion for Suggestion of Remand and Brief in Support. Plaintiff's Reply to Defendants' Response to Plaintiff's Motion for Suggestion of Remand and Brief in Support. Document filed by Margaret Parks. (Attachments: #1 Exhibit 1-E-mail from James N. Edmonds to Joanne Gray, April 27, 2007#2 Exhibit 2- E-mail from James N. Edmonds to Joanne Gray, April 26, 2007#3 Exhibit 3-Settlement Brochure)Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09358-JSR(Edmonds, James)
May 25, 2007 Filing 3343 NOTICE of Filing of Transcript of Hearing and Minute Order. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Smith, Steven)
May 23, 2007 Filing 3342 NOTICE to Take Deposition of Laura King / Debbie Cuzzort on June 1, 2007 at 1:00 p.m. / 3:00 p.m..Document filed by Russell Wilburn.(Briggs, Russell)
May 23, 2007 Filing 3341 DECLARATION of Joanne M. Gray in Opposition re: #3331 MOTION to Remand.. Document filed by Herbalife International of America, Inc., Herbalife International, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Gray, Joanne)
May 23, 2007 Filing 3340 RESPONSE to Motion re: #3331 MOTION to Remand.. Document filed by Herbalife International of America, Inc., Herbalife International, Inc.. (Gray, Joanne)
May 21, 2007 Opinion or Order Filing 3338 STIPULATION AND ORDER OF DISMISSAL... that the entitled cause of action is dismissed with prejudice. (Signed by Judge Jed S. Rakoff on 5/18/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00090-JSR(rjm)
May 21, 2007 Opinion or Order Filing 3337 STIPULATION AND ORDER OF DISMISSAL... that the entitled cause of action is dismissed with prejudice. (Signed by Judge Jed S. Rakoff on 5/18/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-07078-JSR(rjm)
May 21, 2007 Opinion or Order Filing 3336 STIPULATION AND ORDER OF DISMISSAL... that the entitled cause of action is dismissed with prejudice. (Signed by Judge Jed S. Rakoff on 5/18/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-06838-JSR(rjm)
May 21, 2007 Filing 3335 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Gloria Martinez and George Martinez-against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 5/18/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04473-JSR(rjm)
May 21, 2007 Filing 3334 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Larry W. Langston, Jr. and Kathy N. Langston-against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 5/18/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04212-JSR(rjm)
May 18, 2007 Filing 3339 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-50)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Western District of Washington, C.A. No. 2:05-1068, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jed S. Rakoff, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/26/07) (rjm)
May 18, 2007 Filing 3333 NOTICE to Take Deposition of Karen Windle Burcham on June 1, 2007 at 10:00 a.m..Document filed by Russell Wilburn, Debra Morehouse, Nhai Nguyen.(Briggs, Russell)
May 16, 2007 Filing 3331 MOTION to Remand. Document filed by Margaret Parks. (Attachments: #1 Exhibit 1-E-mail from Special Master Niss)(Edmonds, James)
May 15, 2007 Filing 3332 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER (CTO-49) FROM THE MDL PANEL... that pursuant to 28 U.S.C. 1407, the actions listed on the Order and pending in the Eastern District of Virginia, C.A. no. 1:07-332, and the same hereby is, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jed S. Rakoff. (Signed by MDL Panel on 4/19/07) (sn)
May 14, 2007 Opinion or Order Filing 3330 STATUS ORDER (including Case Management Order No. 36)(this document pertains to all cases); the next status conference will be held at 4:30 pm on 6/25/2007. A motion by TL Administration to dismiss with prejudice 04civ9708, and 04civ5214 was granted as unopposed. A motion in 04civ8557 for exemption from the 6% assessment set by Case Management Order No. 7 2, was denied for the reasons stated in Case Management Order No. 35 3. All other rulings are set forth in this Order. (Signed by Judge Jed S. Rakoff on 5/11/2007) Filed In Associated Cases: 1:04-md-01598-JSR et al.(kkc)
May 14, 2007 Opinion or Order Filing 3329 ORDER (this document pertains to all cases); that the Court approves the invoice of Ball Baker Leake, LLC, dated 4/30/2007, and directs the Clerk to issue a check to the order of Ball Baker Leake, LLC in the amount of $1,064.86 and to mail the check to Janice Page CPA, Ball Baker Leake LLC, 122 East 42nd Street, New York, NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs' Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 2(a). (Signed by Judge Jed S. Rakoff on 5/14/2007) Filed In Associated Cases: 1:04-md-01598-JSR et al.(kkc)
May 14, 2007 Opinion or Order Filing 3328 ORDER (this document pertains to all cases); that the Court approves the Special Master's bill dated 5/1/2007 and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs' Common Expense Fund by issuing a check in the amount of $13,027.00 to the order of James Niss and mailing it to James Niss, 400 Riverside Drive 3C, New York, NY 10025. (Signed by Judge Jed S. Rakoff on 5/14/2007) Filed In Associated Cases: 1:04-md-01598-JSR et al.(kkc)
May 14, 2007 Filing 3327 DECLARATION of Joanne M. Gray in Support re: #3325 MOTION to Preclude Plaintiffs' Case-Specific Expert's Opinions or Portions Thereof.. Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P#17 Exhibit Q#18 Exhibit R#19 Exhibit S#20 Exhibit T)(Gray, Joanne)
May 14, 2007 Filing 3326 MEMORANDUM OF LAW in Support re: #3325 MOTION to Preclude Plaintiffs' Case-Specific Expert's Opinions or Portions Thereof.. Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International, Inc.. (Gray, Joanne)
May 14, 2007 Filing 3325 MOTION to Preclude Plaintiffs' Case-Specific Expert's Opinions or Portions Thereof. Document filed by Herbalife International of America, Inc., Steve Peterson, Herbalife International, Inc..(Gray, Joanne)
May 14, 2007 Filing 3324 NOTICE of Filing of Pleadings. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4 - Part 1#5 Exhibit 4 - Part 2#6 Exhibit 5 - Part 1#7 Exhibit 5 - Part 2#8 Exhibit 5 - Part 3#9 Exhibit 6)(Molton, David)
May 9, 2007 Transmission of Notice of Appeal to the District Judge re: (3323 in 1:04-md-01598-JSR, 154 in 1:04-cv-06822-JSR) Notice of Appeal,. Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06822-JSR(nd)
May 9, 2007 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #2745 Answer to Amended Complaint filed by RL OLDCO, Inc., f/k/a Richardson Labs, Inc., RS OLDCO, Inc. f/k/a Rexall Sundown, Inc., #2955 MOTION to exclude the opinions and testimony of defendants' case specific experts. filed by Joyce Ann Schneider, Thomas Schneider, Sr., #2746 Answer to Amended Complaint filed by Sam's East, Inc., #2981 Response to Motion,,, filed by Thomas Schneider, Sr., #3207 Order,,, #3323 Notice of Appeal, filed by Thomas Schneider, Sr., #3008 Memorandum of Law in Support of Motion, filed by Thomas Schneider, Sr., #2956 MOTION strike experts. filed by Joyce Ann Schneider, Thomas Schneider, Sr. were transmitted to the U.S. Court of Appeals. (nd)
May 9, 2007 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (3323 in 1:04-md-01598-JSR, 154 in 1:04-cv-06822-JSR) Notice of Appeal,. Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06822-JSR(nd)
May 9, 2007 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 2745 Answer to Amended Complaint filed by RL OLDCO, Inc., f/k/a Richardson Labs, Inc., RS OLDCO, Inc. f/k/a Rexall Sundown, Inc., 2955 MOTION to exclude the opinions and testimony of defendants' case specific experts. filed by Joyce Ann Schneider, Thomas Schneider, Sr., 2746 Answer to Amended Complaint filed by Sam's East, Inc., 2981 Response to Motion,,, filed by Thomas Schneider, Sr., 3207 Order,,, 3323 Notice of Appeal, filed by Thomas Schneider, Sr., 3008 Memorandum of Law in Support of Motion, filed by Thomas Schneider, Sr., 2956 MOTION strike experts. filed by Joyce Ann Schneider, Thomas Schneider, Sr. were transmitted to the U.S. Court of Appeals. (nd)
May 7, 2007 Filing 3322 RULE 26 DISCLOSURE.Document filed by Douglas Yarwood.Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06825-JSR(Preuss, Thomas)
May 7, 2007 Filing 3321 MOTION to Dismiss with Prejudice, An Additional TL 2002-2004 Case and Memorandum in Support. Document filed by TL Administration Corporation.Responses due by 5/21/2007,Return Date set for 5/29/2007 5:00 PM. (Attachments: #1 Exhibit)Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-07624-JSR(Smith, Denise)
May 4, 2007 Filing 3323 NOTICE OF APPEAL from (148 in 1:04-cv-06822-JSR) Stipulation and Order. Document filed by Thomas Schneider, Sr, Thomas Schneider, Sr. Filing fee $ 455.00, receipt number E 614406. Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06822-JSR(nd)
May 2, 2007 Filing 3319 NOTICE of Appeal. Document filed by Thomas Schneider, Sr. (Attachments: #1 Exhibit Stipulation and Order of Final Judgment)(Berg, David)
May 1, 2007 Filing 3309 NOTICE of Opportunity to Object to CPA's Bill Payable from the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
May 1, 2007 Filing 3308 NOTICE of Opportunity to Object to Special Master's Bill Dated 5/1/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
April 30, 2007 Filing 3318 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Leonard R. LeBrun- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Alpine Manufacturing, Inc., and Wal-Mart Stores, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-02995-JSR. This Document also relates to 06cv1369.(rjm)
April 30, 2007 Filing 3317 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Erika Foussadier- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, and Wal-Mart Stores, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-04714-JSR. This Document also relates to 06cv1372.(rjm)
April 30, 2007 Filing 3316 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Pamela Patterson- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Wal-Mart Stores, Inc., Walgreen Co.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. This Document relates to 05-7218. (Signed by Judge Jed S. Rakoff on 4/30/07) (rjm)
April 30, 2007 Opinion or Order Filing 3315 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff Debbie JoStarks against Defendants ZAH Import Export Ltd. d/b/a Magic Herb s/h/a Magic Herb and Body Dynamics, Inc. hereby advise the Court that Plaintiff's First Amended Complaint against Defts. should be dismissed with prejudice, each party shall bear its own costs and fees. This Document relates to 05cv7219. (Signed by Judge Jed S. Rakoff on 4/30/07) (rjm)
April 30, 2007 Filing 3314 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Temmy Iungerich- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Costco Wholesale Corp., and Meijer, Inc. - in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-09351-JSR(rjm)
April 30, 2007 Filing 3313 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Jaclyn Morgan- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-04233-JSR(rjm)
April 30, 2007 Opinion or Order Filing 3312 STIPULATION AND AGREED ORDER OF DISMISSAL that Plaintiff Christine Felts, and Defendant TL Administration Corp., and GN Oldco Corporation, by and through counsel, being in agreement, advise the Court that Plaintiffs Complaint against all Defendants is dismissed as to the named Defendants... each party to bear its own costs. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-10309-JSR(rjm)
April 30, 2007 Filing 3311 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Falayan Mitchell- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., GNC Franchising, LLC., and Wal-Mart Stores, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-06830-JSR(rjm)
April 30, 2007 Filing 3310 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -James Oppenheim- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., - in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03891-JSR(rjm)
April 30, 2007 Filing 3307 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Kimberly Smail- against Defendant(s) -Rexall Sundown, Inc., Richardson Labs, Inc., RS Oldco, Inc., RL Oldco, Inc., NBTY, Inc., Numico USA, Inc., and K-Mart Corporation- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-05067-JSR(rjm)
April 30, 2007 Filing 3306 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Karen Polys- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Dillon Companies, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-06835-JSR(rjm)
April 30, 2007 Filing 3305 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Linda & Robert Jarrett- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., Judy Driggers, and Alpine Health Products, LLC- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04495-JSR(rjm)
April 30, 2007 Filing 3304 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Valarie Ealy- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04513-JSR(rjm)
April 30, 2007 Filing 3303 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Tammy Iungerich- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Alpine Health Products, LLC and Meijer Inc., dba Meijer Supermarkets- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06824-JSR, 1:06-cv-04536-JSR(rjm)
April 30, 2007 Filing 3302 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Eric Harned- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc. - in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04552-JSR(rjm)
April 30, 2007 Filing 3301 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Victor Patrick- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., - in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04564-JSR(rjm)
April 30, 2007 Filing 3300 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Patrick Mullins- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., Walgreen Co., and General Nutrition Center, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06653-JSR(rjm)
April 30, 2007 Filing 3299 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Olivia Cunningham- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and Buchholz Enterprises- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/30/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06643-JSR, 1:06-cv-06658-JSR(rjm)
April 27, 2007 Opinion or Order Filing 3298 FINAL ORDER AUTHORIZING RELEASE OF ESCROW FUNDS AND APPROVING COMPROMISE OF CLAIMS OF MINORS... The Escrow Agent is authorized to release to the Ptff's counsel from the Escrow Fund the difference between the Settlement Amount and, collectively, (a) the Assessed Amount, in accordance with the procedures described at P 2(c) of Case Mgt. Order No. 7, and (b) the total combined cost of 2 annuities to be purchased by the Escrow Agent on behalf of the Minor Children, said periodic payments to be provided through a qualified assignment to Prudential Assigned Settlement Services Corp., and the issuance of annuity contracts from The Prudential Insurance Company of America: Ryan McLaughlin $19,825.00 payable on 9/22/12, guaranteed; commencing 7/1/13, $12,500.00 payable semi-annually for 4 yrs. guaranteed... $51,587.00 payable on 9/22/19, guaranteed. Mark McLaughlin $21,510.00 payable on 4/14/15, guaranteed; Commencing 7/1/15, $14,000.00 payable semi-annually for 4 yrs. guaranteed... and $61,589.00 payable on 4/14/22, guaranteed... and as further set forth regarding the procedures to be followed that shall govern the handling of this final Order Authorizing Release of Escrow Funds and Approving Compromise of Claims of Minors. (Signed by Judge Jed S. Rakoff on 4/26/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR, 1:07-cv-02816-JSR(rjm)
April 27, 2007 Filing 3297 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 5/3/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
April 27, 2007 Filing 3296 NOTICE of Filing of Order and Notice for Hearing on Disclosure Statement re: #3291 Notice (Other), Notice (Other), Notice (Other). Document filed by Official Committee of Unsecured Creditors of N.V.E., Inc.. (Attachments: #1 Exhibit A)(Molton, David)
April 27, 2007 Filing 3295 TRANSCRIPT of proceedings held on 4/5/2007 before Judge Jed S. Rakoff. (jp)
April 26, 2007 Filing 3293 TRANSCRIPT of proceedings held on 4/5/2007 before Judge Jed S. Rakoff. (jp)
April 25, 2007 Opinion or Order Filing 3294 STATUS ORDER (INCLUDING CASE MANAGEMENT ORDER NO. 35)... The next status conference will be held at as previously scheduled at 4:30 pm on Thursday, May 3, 2007. A motion by defendant to dismiss with prejudice, 04cv5478, because of plaintiffs failure to serve a Fact Sheet, was granted as unopposed. The motions by plaintiffs in three cases, 06cv9381, 07cv2656, and McLaughlin v. Muscletech, case number pending for exemption from the six percent assessment established by Case Management Order No. 7 P 2(c) are denied... In Case No. 04cv9358, defts motion for summary judgment is denied with respect to liability to issues but granted with respect to two categories of damages; plaintiffs motions to designate an expert neurologist out of time and for partial summary judgment are denied... and as further set forth regarding the procedures to be followed that shall govern the handling of Case Management Order No. 35. This Document relates to All Cases. Status Conference set for 5/3/2007 04:30 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 4/23/06) (rjm)
April 25, 2007 Filing 3292 MEMORANDUM OF LAW in Opposition re: #3277 MOTION to Exempt or Reduce Settlement from 6% Assessment for the Common Funds. PCC Subcommittees Response To Motion To Exempt Or Reduce Settlement From 6% Assessment For The Common Funds. Document filed by PCC. (Attachments: #1 Exhibit 01 - PCC Response to Ishman Motion#2 Exhibit 02 - MDL hearing transcript.pdf#3 Exhibit 03 - CMO #35.pdf#4 Exhibit 04 - Settlement Agreement.pdf)(O'Leary, Leslie)
April 23, 2007 Filing 3291 NOTICE of Filing of Plan of Reorganization and Disclosure Statement for Debtor's Chapter 11 Plan Of Reorganization Filed Pursuant To Section 1125 Of The Bankruptcy Code. Document filed by Official Committee of Unsecured Creditors of N.V.E., Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 1 - Exhibit A#3 Exhibit 1 - Exhibit B Part 1#4 Exhibit 1 - Exhibit B Part 2#5 Exhibit 1 - Exhibit B Part 3#6 Exhibit 1 - Exhibit B Part 4#7 Exhibit 1 - Exhibit C#8 Exhibit 2)(Molton, David)
April 19, 2007 Filing 3290 NOTICE of Entry of Appearance. Document filed by Debra Morehouse. Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13024-JSR(Hageman, Todd)
April 18, 2007 Filing 3288 SEALED DOCUMENT placed in vault.(kj)
April 17, 2007 Opinion or Order Filing 3286 ORDER that the Court hereby approves the Special Masters bill dated 4/2/07, and directs the Clerk of the Court to pay this invoice from the Ephedra Plaintiffs Common Expense Fund by issuing a check in the amt. of $24,773.68 to the order of James Niss and mailing it to James Niss, 400 Riverside Drive 3C, NY NY 10025. (Signed by Judge Jed S. Rakoff on 4/13/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
April 17, 2007 Opinion or Order Filing 3285 ORDER that the Court hereby approves the invoice of BALL BAKER LEAKE, LLC, dated 4/3/07, and directs the Clerk of the Court to issue a check to the order of BALL BAKER LEAKE, LLC the amount of $5,793.72 and to mail the check to Janice Page CPA, BALL BAKER LEAKE, LLC, 122 East 42nd Street, NY NY 10168. This payment is to be disbursed from the Ephedra Plaintiffs Common Expense Fund, which the Clerk is holding pursuant to Case Management Order No. 7 Section 2(a). (Signed by Judge Jed S. Rakoff on 4/13/07) Filed In Associated Cases: 1:04-md-01598-JSR et al.(rjm)
April 17, 2007 Filing 3284 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -John Chapman, Jr.- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03001-JSR(rjm)
April 17, 2007 Filing 3283 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Ashleigh Brenton- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/13/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06601-JSR(rjm)
April 16, 2007 Filing 3282 AFFIDAVIT OF SERVICE. Document filed by RSM Richter Inc., RSM Richter Inc.. Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR(Guyder, Daniel)
April 13, 2007 Filing 3281 NOTICE of Substitution of Attorney. Document filed by Jack E. Dean. Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04494-JSR(Rickard, Jeffrey)
April 13, 2007 Opinion or Order Filing 3280 STIPULATION AND ORDER OF FINAL JUDGMENT FOR DEFTS. RS OLDCO, INC. (f/k/a REXALL SUNDOWN, INC.) AND SAM'S EAST, INC. d/b/a SAM'S CLUB... that the Plaintiff's Second Amended Complaint is dismissed with prejudice. Each party shall bear its own costs and fees. The Clerk of the Court shall enter judgment for defts RS OLDCO, Inc. (f/k/a Rexall Sundown, Inc.) and Sam's East, Inc. d/b/a Sam's Club. (Signed by Judge Jed S. Rakoff on 4/12/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06822-JSR(rjm)
April 13, 2007 Opinion or Order Filing 3279 STIPULATION AND ORDER OF FINAL JUDGMENT for defendants RS Oldco Inc. (f/k/a Rexall Sundown Inc) and Sam's East Inc d/b/a Sam's Club ordering that the second amended complaint is dismissed with prejudice, each party bearing its own costs and fees.. (Signed by Judge Jed S. Rakoff on 4/12/07) (jf)
April 12, 2007 Filing 3278 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -David & Cindy Davenport- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/11/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-07632-JSR(rjm)
April 12, 2007 Filing 3277 MOTION to Exempt or Reduce Settlement from 6% Assessment for the Common Funds. Document filed by Paul Cross, Sherri Cross.(Hrko, Samuel)
April 12, 2007 Filing 3276 NOTICE of Motion to Exempt or Reduce Settlement from 6% Assessment for the Common Funds. Document filed by Paul Cross, Sherri Cross. (Hrko, Samuel)
April 12, 2007 Filing 3275 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Tyrescia Ealy- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., AHP Liquidation, LLC f/k/a Alpine Health Products, LLC, Garden State Nutritionals, Inc., The Chemins Co., Inc., Vitaquest International, Inc., Wal-Mart Stores East, Inc., Wal-Mart Stores, East, LP, Wal-Mart Stores, Inc., Michael Blevins, William Bradley and Michael Ellis- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/10/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04497-JSR, 1:06-cv-04545-JSR(rjm)
April 12, 2007 Filing 3274 NOTICE of Filing of Monitor's Closing Certificate Certifying the Occurrence of the Plan Implementation Date as of April 10, 2007. Document filed by RSM Richter Inc., RSM Richter Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR(Guyder, Daniel)
April 10, 2007 Opinion or Order Filing 3273 ORDER. The case having been terminated in all respects, see Case Management Order 32, the Clerk of the Court is hereby directed to close 07-1325. (Signed by Judge Jed S. Rakoff on 4/5/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-01325-JSR(rjm)
April 10, 2007 Opinion or Order Filing 3272 ORDER. The case having been terminated in all respects, see Case Management Order 32, the Clerk of the Court is hereby directed to close 07-1324. (Signed by Judge Jed S. Rakoff on 4/5/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:07-cv-01324-JSR(rjm)
April 10, 2007 Filing 3271 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Jerome D. Kreutzer and Susana Vega Kreutzer- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06654-JSR(rjm)
April 10, 2007 Filing 3270 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Tonya Petty- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc. and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06632-JSR(rjm)
April 10, 2007 Filing 3269 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Rosie Walton- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc. and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/6/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03903-JSR(rjm)
April 10, 2007 Filing 3268 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Jeremy Spencer- against Defendant(s) -NBTY, Inc. and Nature's Bounty, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/10/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-07637-JSR(rjm)
April 10, 2007 Filing 3267 RULE 26 DISCLOSURE.Document filed by Joaquinta Brooks. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G)Associated Cases: 1:04-md-01598-JSR, 1:05-cv-03898-JSR(Hageman, Todd)
April 10, 2007 Filing 3266 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-48)... transferring this action from the United States District Court other than the SDNY- and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Jed S. Rakoff, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/21/07) (rjm)
April 9, 2007 Filing 3265 NOTICE of of Cancellation of Deposition of Richard Marcotullio. Document filed by Herbalife International of America, Inc., Herbalife International, Inc.. (McGowen, Frederick)
April 9, 2007 Filing 3264 NOTICE of of Cancellation of 30(b)(6) Deposition of the Person Most Knowledgeable at Herbalife International, Inc.. Document filed by Herbalife International of America, Inc., Herbalife International, Inc.. (McGowen, Frederick)
April 9, 2007 Filing 3263 NOTICE of Filing of Disclosure Statement and Joint Plan of Liquidation. Document filed by Official Committee of Unsecured Creditors of Metabolife International, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 2 - Ex A#4 Exhibit 3#5 Exhibit 3 - Exhibit A#6 Exhibit 3 - Exhibit B#7 Exhibit 3 - Exhibit C)(Molton, David)
April 5, 2007 Opinion or Order Filing 3262 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff -Armand Anthony Choate- against Defendant(s) -NVE, Robert Occhifinto, GNC and Rite Aid Corporation- in the captioned lawsuit shall be dismissed by the Court with prejudice. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-13067-JSR(rjm)
April 5, 2007 Filing 3261 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Sheila and Mark Schultz- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06620-JSR(rjm)
April 5, 2007 Filing 3260 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff -Jerry Nygren- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees.. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04553-JSR(rjm)
April 5, 2007 Filing 3259 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff -Gail O'Neal- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04549-JSR(rjm)
April 5, 2007 Filing 3258 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff -Delores Ciedro- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., and The Chemins Company, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-04542-JSR(rjm)
April 5, 2007 Filing 3257 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff -Jason McMeekin- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc., The Chemins Company, Inc., VitaQuest International, Inc. d/b/a Garden State Nutritionals, Alpine Manufacturing, Inc., Royal Numico, NV, Rexall Sundown, Inc., individually and d/b/a Richardson Labs, Inc., Wal-Mart Stores Texas, L.P., Kroger Company, Mainland Mall Properties LTD d/b/a Mall of the Mainland, Inc., Kenneth Adams and Karen Adams- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-01472-JSR(rjm)
April 5, 2007 Filing 3256 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff Bertha McIntosh against Defendants RS OLDCO, Inc., RL OLDCO, Inc. in the captioned lawsuit is dismissed with prejudice... each party shall bear its own costs & fees. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-06339-JSR(rjm)
April 5, 2007 Filing 3255 STIPULATION OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff -Melissa Rubio- against Defendant(s) -MII Liquidation, Inc. f/k/a Metabolife International, Inc. And Walgreen Co.- in the captioned lawsuit shall be dismissed by the Court with prejudice... each party shall bear its own costs and fees. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:05-cv-05967-JSR(rjm)
April 5, 2007 Opinion or Order Filing 3254 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE... that any and all claims asserted and/or assertable by Plaintiff(s) -Robert A. Smith and Suzanne Smith- against Defendant(s) -Herbalife International, Inc., Herbalife International of America, Inc. and Herbalife International Distribution, Inc.- in the captioned lawsuit shall be dismissed by the Court with prejudice... without costs to any party as against any other. This Document relates to 04-9355. (Signed by Judge Jed S. Rakoff on 4/4/07) (rjm)
April 5, 2007 Opinion or Order Filing 3253 ORDER ON ATTACHED WRITTEN MOTION ADMITTING ATTORNEY PRO HAC VICE. Attorney Carter Collins Law for Candace Ishman admitted Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 4/4/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR(rjm)
April 5, 2007 Filing 3252 NOTICE to Take Deposition of Person Most Knowledgeable at Herbalife on April 11, 2007 at 9:00 a.m..Document filed by PCC.(Blizzard, Edward)
April 5, 2007 Filing 3251 NOTICE to Take Deposition of Richard Marcotullio on April 11, 2007 at 1:00pm.Document filed by PCC.(Blizzard, Edward)
April 5, 2007 Filing 3250 MOTION to Dismiss with Prejudice, Additional TL 2002-2004 cases and Memorandum in Support of Motion to Dismiss. Document filed by TL Administration Inc., TL Administration Corp., TL Administration, Inc., TL Administration Corp..Responses due by 4/19/2007,Return Date set for 4/26/2007 05:00 PM. (Attachments: #1 Exhibit)Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-05214-JSR, 1:04-cv-09708-JSR(Smith, Denise)
April 3, 2007 Filing 3249 NOTICE of Opportunity to Object to CPA's Bill Payable from the Plaintiffs' Common Expense Fund. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
April 3, 2007 Opinion or Order Filing 3248 ORDER. For the reasons stated from the bench, see tanscript 4/2/07, defts' motion to exclude on Daubert grounds the testimony of ptffs' case specific expert, Dr. Todd J. Swick, is granted. Ptffs' motion to exclude on Daubert grounds the testimony of Dr. Robert Bornstein is denied without prejudice to ptffs' so moving again following the submission of a revised report in accordance with the principles set forth by the Court at the hearing concerning Dr. Bornstein's testimony. The Clerk is directed to close documents 2944, 2955 and 2956 from the docket. (Signed by Judge Jed S. Rakoff on 4/2/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-06822-JSR(rjm)
April 3, 2007 Opinion or Order Filing 3247 ORDER. Plaintiff's motion for reconsideration and clarification of the Court's 2/15/07 order is hereby denied in its entirety. (Signed by Judge Jed S. Rakoff on 4/2/07) Filed In Associated Cases: 1:04-md-01598-JSR, 1:04-cv-08556-JSR(rjm)
April 3, 2007 Filing 3246 CERTIFICATE OF SERVICE of Joint Response served on Service List on 03/30/07. Service was made by Via Facsimile. Document filed by GNCI OLDCO, Inc. f/k/a General Nutrition Companies, Inc.. (Levee, Ira)
April 2, 2007 CASHIERS OFFICE REMARK on (3253 in 1:04-md-01598-JSR) Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 4/2/07, Receipt Number 610536. Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR(rjm)
April 2, 2007 CASHIERS OFFICE REMARK on (3253 in 1:04-md-01598-JSR) Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 4/2/07, Receipt Number 610536. Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-00538-JSR, 1:06-cv-00539-JSR(rjm)
April 2, 2007 Filing 3245 NOTICE of Agenda for Status Conference to Be Held at 4:30 pm on 4/5/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
April 2, 2007 Filing 3244 NOTICE of Opportunity to Object to Special Master's Bill Dated 4/2/07. PERTAINS TO ALL CASES. Document filed by James Niss. (Niss, James)
April 2, 2007 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 4/2/07, Receipt Number 610347. (rjm)
April 2, 2007 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 4/2/07, Receipt Number 610347. (rjm)
March 30, 2007 Filing 3243 RESPONSE to Motion re: #3203 JOINT MOTION exempt to 6%. /Joint Response of Muscletech Research and Development, Inc. and its Affiliated Entities, to the Motions of The Ishman Plaintiffs and The McLaughlin Plaintiffs to Exempt Settlement From or Reduce The Six (6%) Percent Assessment For the Common Funds. Document filed by GNCI OLDCO, Inc. f/k/a General Nutrition Companies, Inc.. (Levee, Ira)
March 28, 2007 Filing 3242 NOTICE of Substitution of Attorney. Document filed by Peter Vertigans. Filed In Associated Cases: 1:04-md-01598-JSR, 1:06-cv-06642-JSR(Rickard, Jeffrey)
March 28, 2007 Filing 3241 DECLARATION of James