UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
)
IN RE NEURONTIN MARKETING, SALES )
PRACTICES, AND PRODUCT LIABILITY )
LITIGATION ) MDL Docket No. 1629
__________________________________________ ) Master File No. 04-10981
)
THIS DOCUMENT RELATES TO ) Judge Patti B. Saris
) Mag. Judge Leo T. Sorokin
Accetullo, et al. v. Pfizer, Inc. et al., 06-10912-PBS )
Girard, et al. v. Pfizer, Inc. et al., 06-11023-PBS )
__________________________________________ )
MOTION TO DISMISS THE CLAIMS OF FOUR PLAINTIFFS REPRESENTED BY
THE LAW OFFICES OF NEWTON B. SCHWARTZ FOR FAILURE TO COMPLY
WITH THE COURT’S CERTIFICATION ORDERS
Defendants Pfizer Inc. and Warner-Lambert Company LLC (together, “Defendants”)
respectfully move, pursuant to the inherent powers of the court, to dismiss the claims of four
plaintiffs represented by the Law Offices of Newton B. Schwartz for failure to comply with the
Court’s certification orders.1
The plaintiffs at issue are Dametria Igbonawam, Individually and as Administratrix of the
Estate of Alesha Brown, Joshua M. Martinez, Individually and as Personal Representative of the
Estate of Teresa Huff, Annette White, and Kristina Wilson. The grounds for this motion are set
forth in the accompanying Memorandum of Law of Pfizer Inc. and Warner-Lambert Company
LLC in Support of Their Motion to Dismiss the Claims of Four Plaintiffs Represented by the
Law Offices of Newton B. Schwartz for Failure to Comply With the Court’s Certification Orders
(the “Memorandum of Law”).
1 Defendants also request that the Court grant the motion by the Law Offices of Newton B.
Schwartz to dismiss the claims of 94 other plaintiffs as to which no certification has been
filed. (Docket # 1219.)
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In support of this motion, Defendants submit the Memorandum of Law and a Declaration
of Pamela Macer.
WHEREFORE, Defendants respectfully request that the Court dismiss the claims of
Dametria Igbonawam, Individually and as Administratrix of the Estate of Alesha Brown, Joshua
M. Martinez, Individually and as Personal Representative of the Estate of Teresa Huff, Annette
White, and Kristina Wilson.
REQUEST FOR ORAL ARGUMENT
Defendants believe that oral argument may assist the Court and wish to be heard. They
therefore request oral argument on this motion on May 20, 2008, as previously scheduled by the
Court.
Dated: May 8, 2008 DAVIS POLK & WARDWELL
By: /s/ James P. Rouhandeh
James P. Rouhandeh
450 Lexington Avenue
New York, New York 10017
(212) 450-4000
SHOOK, HARDY & BACON L.L.P.
By: /s/ Scott W. Sayler
Scott W. Sayler
2555 Grand Boulevard
Kansas City, Missouri 64108
(816) 474-6550
-and-
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HARE & CHAFFIN
By: /s/ David B. Chaffin
160 Federal Street
Boston, Massachusetts 02110
(617) 330-5000
Attorneys for Defendants Pfizer Inc and Warner-
Lambert Company
CERTIFICATE OF CONSULTATION
I hereby certify that counsel have conferred in a good faith effort the resolve the issue
presented by this motion but were unable to do so.
/s/ David B. Chaffin
David B. Chaffin
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system has been served
pursuant to Case Management Order #3 on May 8, 2008.
/s/ David B. Chaffin
David B. Chaffin
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