Capps v. AbbVie Inc. et al

Northern District of Illinois, ilnd-1:2016-cv-05864

MOTION by Plaintiff Napoleon B. Capps to dismiss without prejudice

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Case: 1:16-cv-05864 Document #: 6 Filed: 01/09/17 Page 1 of 2 PageID #:12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE: TESTOSTERONE REPLACEMENT MDL No. 2545 THERAPY PRODUCTS LIABILITY LITIGATION Master Docket Case No. 1:14-cv-01748 Honorable Matthew F. Kennelly NAPOLEON B. CAPPS, an individual, Civil Action No.: 1:16-cv-05864 UNOPPOSED MOTION TO DISMISS A Plaintiff, DUPLICATE CASE WITHOUT vs. PREJUDICE ABBVIE INC., ABBOTT LABORATORIES, UNIMED PHARMACEUTICALS, LLC, BESINS HEALTHCARE, INC, BESINS HEALTHCARE, S.A., ACTAVIS, INC., ACTAVIS PHARMA, INC., ACTAVIS LABORATORIES UT, INC., ANDA, INC. Defendants. This document relates to Case No. 1:15-cv-05864, Napoleon B. Capps v. AbbVie, Inc., et al. UNOPPOSED MOTION TO DISMISS A DUPLICATE CASE WITHOUT PREJUDICE Plaintiff Napoleon P. Capps respectfully moves to withdraw the initial filing documents in the above-captioned case, no. 1:16-cv-05864, including the Master Short Form Complaint for Individual Claims and all accompanying papers, from the docket as erroneously filed. These filings were submitted and a new (duplicate) case was created due to a clerical error. The intended filing, a filing of a Short Form Complaint as an amended complaint in the case no. 1:16-cv-05132, which was removed to this Court from an Illinois state court, was submitted on June 7, 2016. Plaintiff also requests the refund of the initial filing fee that was submitted in connection with the initiation of the above-captioned case, no. 1:16-cv-05864.-1-Case: 1:16-cv-05864 Document #: 6 Filed: 01/09/17 Page 2 of 2 PageID #:13 Counsel for defendants received a copy of this Motion prior to filing and does not oppose it. DATED: January 9, 2017 Respectfully submitted,/s/David Markevitch Lawrence J. Gornick David Markevitch KAISER GORNICK LLP 950 Tower Lane, Suite 925 Foster City, CA 94404 Telephone: (415) 857-7400 Facsimile: (415) 857-7499 lgornick@kaisergornick.com dmarkevitch@kaisergornick.com Attorneys for Plaintiff Napoleon B. Capps CERTIFICATE OF SERVICE I hereby certify that on the date of filing, this document was filed and distributed to all parties via the ECF/CMF filing system./s/David Markevitch David Markevitch-2-