Harden Manufacturing Corporation v. Pfizer, Inc. et alMOTION for Order to to Lift Stay of RemandD. Mass.May 17, 2006 MP3 20179887.1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS In Re: NEURONTIN MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: ASSURANT HEALTH, INC., et al. v PFIZER INC., et al., No. 05-10535-PBS MDL Docket No. 1629 Master File No. 04-10981 Judge Patti B. Saris Mag. Judge Leo T. Sorokin ASSURANT PLAINTIFFS’ MOTION TO LIFT STAY OF REMAND Assurant Plaintiffs,1 by and through their counsel, hereby move the Court for an order granting the Assurant Plaintiffs’ Motion To Lift Stay Of Remand. The Assurant Plaintiffs file this Motion in light of the Court’s May 3, 2006 lifting of the stay of remand for products liability cases. This motion is based upon the Assurant Plaintiffs’ Memorandum of Law in Support of Motion To Lift Stay of Remand and all files, records, and proceedings herein. The Assurant Plaintiffs have consulted with counsel for Defendants, who oppose this motion. 1 The Assurant Plaintiffs include the following health benefit payors: ASSURANT HEALTH, INC., and its subsidiaries and affiliates and their self-funded plans; BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. and its subsidiaries and affiliates and their self-funded plans; LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY and its subsidiaries and affiliates and their self-funded plans; BLUE CROSS BLUE SHIELD OF MASSACHUSETTS and its self-funded plans; BLUE CROSS BLUE SHIELD OF MICHIGAN and its subsidiaries and affiliates and their self- funded plans; BLUE CROSS BLUE SHIELD OF MINNESOTA and its subsidiaries and affiliates and their self-funded plans; GROUP HEALTH SERVICE OF OKLAHOMA, INC. and its subsidiaries and affiliates; CAREFIRST, INC. and its subsidiaries and affiliates and their self-funded plans; EXCELLUS HEALTH PLAN, INC. and its subsidiaries and affiliates and their self-funded plans; FEDERATED MUTUAL INSURANCE COMPANY, and its subsidiaries and affiliates and their self-funded plans; HEALTH CARE SERVICE CORPORATION, on behalf of itself and its Illinois, New Mexico and Texas Divisions and their self-funded plans; MUTUAL OF OMAHA INSURANCE COMPANY, and its subsidiaries and affiliates and their self-funded plans; TRUSTMARK INSURANCE COMPANY, and its subsidiaries and affiliates and their self-funded plans; and WELLCHOICE, INC., and its subsidiaries and affiliates and their self- funded plans. Case 1:04-cv-10981-PBS Document 318 Filed 05/17/2006 Page 1 of 2 MP3 20179887.1 WHEREFORE, Assurant Plaintiffs respectfully request the Court to grant their Motion To Lift Stay Of Remand. DATED: May 17, 2006. ROBINS, KAPLAN, MILLER & CIRESI L.L.P. /s Jeffrey R. Vesel____________________ Annamarie A. Daley Jeffrey R. Vesel 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402-2015 Telephone: (612) 349-8500 Facsimile: (612) 339-4181 W. Scott Simmer 1801 K Street, N.W. Suite 1200 Washington, D.C. 20006 Telephone: (202) 775-0725 Facsimile: (202) 223-8604 Counsel for Assurant Plaintiffs CERTIFICATE OF CONSULTATION I certify that counsel for the Assurant Plaintiffs and Defendants have attempted in good faith to resolve or narrow the issues presented in this motion. DATED: May 17, 2006. ROBINS, KAPLAN, MILLER & CIRESI L.L.P. /s Jeffrey R. Vesel___________________ Annamarie A. Daley Jeffrey R. Vesel 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402-2015 Telephone: (612) 349-8500 Facsimile: (612) 339-4181 Case 1:04-cv-10981-PBS Document 318 Filed 05/17/2006 Page 2 of 2
