Miller v. Merck & Co., Inc., et al
1:2006cv05087 |
June 30, 2006 |
US District Court for the Southern District of New York |
Foley Square Office |
John F. Keenan |
Personal Inj. Prod. Liability |
28 U.S.C. ยง 1332 Diversity-Personal Injury |
Both |
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Filing 31 OPINION & ORDER # 98171. For the foregoing reasons Merck's motion to dismiss the complaint is granted subject to the following conditions: 1) Defendants consent to jurisdiction and acceptance of process in any suit plaintiff Miller files in the appropriate United Kingdom court on the claims that are the subject of the instant suit. 2) Defendants agree to waive any statute of limitations defense acquired after the action was filed in this Court. 3) Defendants agree to produce at trial any wi tness under their employ located beyond the subpoena power of the British court, provided that the British court finds the witness necessary for plaintiff's case. 4) Defendants will advise the Court of their consent to these conditions within thirty days of this Order. (Signed by Judge John F. Keenan on 10/21/09) Filed In Associated Cases: 1:06-md-01789-JFK-JCF, 1:06-cv-05087-JFK(rjm) Modified on 10/23/2009 (eef). |
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