IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

____________________________________

IN RE: DIET DRUGS (Phentermine/ )

Fenfluramine/Dexfenfluramine) )

PRODUCTS LIABILITY LITIGATION ) MDL DOCKET NO. 1203

____________________________________)

This document relates to: )

)

Phyllis Coleman v. Wyeth, et al. )

) Civil Action No. 2:00-CV-20821

)

____________________________________)

THE WYETH DEFENDANTS’ MOTION FOR ADMINISTRATIVE CLOSURE OF

PLAINTIFF PHYLLIS COLEMAN’S CASE

COME NOW, Defendant Wyeth and all remaining Defendants in this action (“Wyeth

Defendants”) and move to have the case of Plaintiff Phyllis Coleman administratively closed in

accordance with Pretrial Order No. 1415 (“PTO 1415”).

I. BACKGROUND

The above action was filed in the United States District Court for the Eastern District of

Arkansas on May 19, 2000 and transferred to this Court in July of 2000. On August 28, 2000,

this Court entered PTO 1415, which dismissed with prejudice “all other claims or actions

asserting Settled Claims against American Home Products Corporation (“AHP”) pending before

the court.” PTO 1415 ¶ 6. Although the above action was dismissed with prejudice pursuant to

PTO 1415, the docket has not been changed to reflect this fact and still suggests that the action

remains pending before this Court.

Case 2:00-cv-20821-HB Document 2 Filed 11/29/04 Page 1 of 4
2

Plaintiff Phyllis Coleman, now known as Phyllis Hodges, has another claim pending in

Fulton County State Court in Atlanta Georgia. That case is scheduled for trial starting on

January 10, 2005. The same counsel represents her in both cases. The parties were unable to

reach agreement as to a stipulation on the issue of seeking administrative closure of this case.

II. REQUEST FOR ADMINISTRATIVE CLOSURE

Plaintiff Coleman’s case has already been dismissed with prejudice pursuant to PTO

1415 but the docket has never been changed to reflect the dismissal. The Wyeth Defendants

respectfully request that the Court order that the docket be administratively changed to reflect

that this action was dismissed with prejudice pursuant to PTO 1415 and that the file now be

marked as closed.

This the 29th day of November, 2004.

/s/ R. Clifton Merrell

R. Clifton Merrell

Arnold & Porter LLP

555 12

th

St. NW

Washington, DC 20004

(202) 942-6280

Counsel for Defendant Wyeth

Case 2:00-cv-20821-HB Document 2 Filed 11/29/04 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

____________________________________

IN RE: DIET DRUGS (Phentermine/ )

Fenfluramine/Dexfenfluramine) )

PRODUCTS LIABILITY LITIGATION ) MDL DOCKET NO. 1203

____________________________________)

This document relates to: )

)

Phyllis Coleman v. Wyeth, et al )

) Civil Action No. 2:00-CV-20821

)

____________________________________)

PTO NO. ____

AND NOW, this ___ day of ______, ____ it is hereby ORDERED, that the docket be

administratively changed to reflect that the case of Phyllis Coleman, Civil Action No. 2:00-CV20821, was dismissed with prejudice on August 28, 2000 pursuant to PTO 1415 and that this file

now be marked as closed.

BY THE COURT:

_______________________________

Case 2:00-cv-20821-HB Document 2 Filed 11/29/04 Page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of Wyeth Defendants’ foregoing Motion for

Administrative Closure of Phyllis Coleman’s Case has been served by U.S. Mail this 29th day of

November, 2004, on all counsel currently required to be served in accordance with PTO 19 and

on the counsel listed below:

Robert C. Buck

Childers Buck & Schlueter LLP

260 Peachtree St., NW

Suite 1601

Atlanta, GA 30303

Attorney for Plaintiffs

John F. Canale, III

Donald A. Donati

Donati Law Firm, LLP

1545 Union Ave.

Memphis, TN 38104

Attorneys for Plaintiffs

Beverly A. Rowlett

Huckaby Munson

Rowlett & Moore

1900 Regions Ctr.

400 W. Capitol

Little Rock, AR 72201

Attorney for Defendants Gate Pharmaceuticals

and Teva Pharmaceuticals

/s/ R. Clifton Merrell

R. Clifton Merrell

Arnold & Porter LLP

555 12

th

St. NW

Washington, DC 20004

(202) 942-6280

Counsel for Defendant Wyeth

Case 2:00-cv-20821-HB Document 2 Filed 11/29/04 Page 4 of 4