Woods v. Kerr-McGee Chemical Corporation

2:05-cv-00717 | S.D. Miss. | Jan 30, 2006

Case 2:05-cv-00717-KS-JMR Document 6 Filed 01/30/06 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION ORDER OF DISMISSAL WITHOUT PREJUDICE These cases were originally filed as two multi-plaintiff actions styled Pearlina Jones, et al. v. Kerr-McGee Chemical Corporation, et al., No. 2:03CV546 and Betty Bolton, et al. v. Kerr-McGee Chemical Corporation, et al. , No. 2:03CV297. On February 10, 2005, the Court entered a Case Management Order requiring plaintiffs in these cases to provide defendants with certain disclosures and information about their various claims, including information linking plaintiffs’ injuries with the alleged chemical exposure. On July 12, 2005 and July 13, 2005, respectively, the court entered an order in the Jones case and in the Bolton case severing plaintiffs’ claims and instructed the clerk to set up new files for the severed cases. On September 27, 2005, the Court entered orders in all of the severed cases which required plaintiffs to pay individual $250 filing fees by October 27, 2005 and required each plaintiff in the severed cases to serve disclosures. Plaintiffs’ counsel moved for an extension of this deadline based on problems associated with Hurricane Katrina, and the court granted the motion and extended the deadline to December 27, 2005.

Plaintiffs identified in Exhibit A have failed to pay the filing fees and/or failed to comply with prior orders of the Court concerning the disclosure of information. IT IS THEREFORE ORDERED AND ADJUDGED THAT the cases identified on Exhibit A are hereby dismissed without prejudice for failure to pay filing fees and/or failure to comply with prior orders of the Court concerning the disclosure of information. The statute of limitations period for plaintiffs identified on Exhibit A shall be tolled until June 27, 2006, so as to allow ample time for each plaintiff who chooses to do so, to file his or her separate cause of action and pay the required filing fee. Any plaintiff who refiles his or her case shall disclose to defendants all information required by the prior orders of the Court within thirty-days after the filing of the complaint.

Case 2:05-cv-00717-KS-JMR Document 6 Filed 01/30/06 Page 2 of 7 Plaintiffs’ counsel shall provide plaintiffs with a copy of this order of dismissal and shall notify plaintiffs of their right to refile and of the tolling of the statute of limitations until June 27, 2006.

SO ORDERED this the 30th day of January, 2006. s/ (cid:1) (cid:2) (cid:3)(cid:4)(cid:5)(cid:6)(cid:1)(cid:7) (cid:5)(cid:8)(cid:9)(cid:9)(cid:3)(cid:5)(cid:5) (cid:2) (cid:3)(cid:4)(cid:5)(cid:6)(cid:1)(cid:7) (cid:5)(cid:8)(cid:9)(cid:9)(cid:3)(cid:5)(cid:5) (cid:2) (cid:3)(cid:4)(cid:5)(cid:6)(cid:1)(cid:7) (cid:5)(cid:8)(cid:9)(cid:9)(cid:3)(cid:5)(cid:5) (cid:2) (cid:3)(cid:4)(cid:5)(cid:6)(cid:1)(cid:7) (cid:5)(cid:8)(cid:9)(cid:9)(cid:3)(cid:5)(cid:5)

UNITED STATES DISTRICT JUDGE

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