Matthews v. Bayer Corporation, et al, No. 2:2001cv00802 - Document 76 (M.D. Ala. 2005)

Court Description: ORDER granting the 74 MOTION to Modify 69 Judgment of dismissal as follows: (1) the final judgment 69 is amened as follows: a) all claims against defs Bayer Corporation and GlaxoSmithKline are dismissed with prejudice; b) the claims against def Whitehall-Robins, a division of American Home Products Corporation are not dismissed; (3) the final judgment is otherwise unchanged; (2) the claims against def Whitehall-Robins, a division of American Home Products Corporation are reinstated; (3) the parties are allowed to file their Rule 26(f) report; Rule 26 Meeting Report due by 10/26/2005. Signed by Judge Myron H. Thompson on 10/13/05. (Attachments: # 1 civil appeals checklist)(djy, )
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Matthews v. Bayer Corporation, et al Doc. 76 Case 2:01-cv-00802-MHT-WC Document 76 Filed 10/13/2005 Page 1 of 2 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION DOROTHY MATTHEWS, as Administratrix of the Estate of LULA MAE CALHOUN, Deceased, ) ) ) ) ) Plaintiff, ) ) v. ) ) BAYER CORPORATION ) (a Division of Bayer AG) ) and WHITEHALL-ROBINS ) (a Division of American ) Home Products Corporation), ) ) Defendants. ) CIVIL ACTION NO. 2:01cv802-T (WO) ORDER It is ORDERED that the motion to modify judgment of dismissal (Doc. No. 74) is granted as follows: (1) The final judgment (Doc. No. 69) is amended as follows: (A) All claims Corporation against and defendants GlaxoSmithKline Bayer are dismissed with prejudice. Dockets.Justia.com Case 2:01-cv-00802-MHT-WC (B) The Document 76 claims against Filed 10/13/2005 defendant Page 2 of 2 Whitehall- Robins, a division of American Home Products Corporation, are not dismissed. (C) The final judgment is otherwise unchanged. (2) The claims against defendant Whitehall-Robins, a division of American Home Products Corporation, are reinstated. (3) The parties are allowed until October 26, 2005, to file their Rule 26(f) report. DONE, this the 13th day of October, 2005. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE