United States District Court, N.D. California
September 8, 2005.
MARVA RIDGE et al., Plaintiffs,
GLAXO SMITHKLINE, etc., et al., Defendants.
The opinion of the court was delivered by: VAUGHN WALKER, District Judge
STIPULATION OF DISMISSAL; ATTESTATION IN SUPPORT OF SIGNATURE
WHEREAS, plaintiffs MARVA RIDGE ("Ridge") and WILLIE McDOLE
("McDole") filed a Complaint against SmithKline Beecham
Corporation d/b/a GlaxoSmithKline ("GlaxoSmithKline") in the
United States District Court for the Northern District of
California in November 2001, entitled Marva Ridge; Willie McDole
v. Glaxo SmithKline, plc; SmithKline Beecham Corporation; Glaxo
Wellcome, Inc.; and Does 1 to 10, N.D. Cal. Docket No.
3:01-cv-4180 ("multi-plaintiff action");
WHEREAS, the multi-plaintiff action was transferred to the
Multidistrict Litigation proceeding, In re Phenylpropanolamine
(PPA) Products Liability Litigation, MDL Docket No. 1407 ("MDL
1407"), where it was assigned MDL 1407 Docket No.
WHEREAS, Ridge and McDole subsequently filed separate, amended
Complaints pursuant to MDL 1407's Case Management Orders ("CMOs")
Nos. 15 and 15A regarding cases that could not meet the threshold requirement for
permissive joinder under Federal Rule of Civil Procedure 20(a)
(Ridge's new, individual action was assigned MDL 1407 Docket No.
2:03-cv-01392-BJR and McDole's was assigned MDL 1407 Docket No.
WHEREAS, Ridge and McDole's original, multi-plaintiff Complaint
was subsequently dismissed with prejudice pursuant to MDL 1407's
CMOs Nos. 15 and 15A;
WHEREAS, Ridge's new, individual action was included on a
Conditional Remand Order ("CRO") filed with the Judicial Panel on
Multidistrict Litigation ("JPML") on April 12, 2005, and then
transmitted to the Northern District of California, where it was
received on May 31, 2005;
WHEREAS, McDole's new, individual action was included on a CRO
filed with the JPML on May 13, 2005, and then transmitted to the
Northern District of California, where it was received on July 6,
WHEREAS, both Ridge and McDole have now settled all their
PPA-related claims against GlaxoSmithKline;
WHEREAS, Ridge's and McDole's new, individual actions have
never been dismissed; and
WHEREAS, the parties, having settled this action, enter this
stipulation to clarify that the parties agree to the dismissal
with prejudice all of Ridge's and McDole's PPA-related claims
against GlaxoSmithKline, both individual and multi-plaintiff;
IT IS HEREBY STIPULATED by and between plaintiffs Ridge and
McDole and defendant GlaxoSmithKline, through their designated
counsel, that the new, individual actions and any remaining PPA-related claims and/or actions by
Ridge and/or McDole against GlaxoSmithKline be and hereby are
dismissed with prejudice pursuant to Federal Rule of Civil
Procedure 41(a) with each party to bear its own costs.
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