STIPULATION AND ORDER FOR DISMISSAL OF GLAXOSMITHKLINE, LLC AND FOR THE AMENDMENT OF COMPLAINT AND CROSS-COMPLAINT

JAMES C. MAHAN, District Judge.

Through documents disclosed during the discovery period in this case, it appears that the medication that plaintiff alleges caused her damages may not have been manufactured and/or distributed by defendant GlaxoSmithKline LLC but by another drug manufacturer named Jubilant Cadista Pharmaceuticals, Inc. Based upon this information, plaintiff Devra Haney-Williams, defendant/cross-defendant GlaxoSmithKline LLC, and defendant/crossclaimant Sam's West, Inc., through their respective counsel of record, have reached the following stipulation:

IT IS HEREBY STIPULATED AND AGREED that defendant/cross-defendant GlaxoSmithKline LLC shall now be dismissed without prejudice so that plaintiff may amend her complaint and defendant/cross-claimant Sam's West, Inc. may amend its cross-complaint, to name Jubilant Cadista Pharmaceuticals, Inc. as a defendant and cross-defendant in this action, it is further

STIPULATED AND AGREED that the dismissal of GlaxoSmithKline LLC without prejudice, as opposed to a dismissal with prejudice, is made so that if the parties learn through further discovery that GlaxoSmithKline LLC was involved in the manufacture and/or distribution to the plaintiff of the medication at issue in this case, the claims against GlaxoSmithKline LLC may be reasserted, it is further

STIPULATED AND AGREED that each party shall bear its own attorney fees and costs related to the suit and cross-suit against GlaxoSmithKline LLC and its dismissal without prejudice from this action, it is further

STIPULATED AND AGREED that plaintiff may now amend her complaint to add Jubilant Cadista Pharmaceuticals, Inc. as a defendant and that Defendant/Cross-Claimant Sam's West, Inc. may amend its cross-complaint to add Jubilant Cadista Pharmaceuticals, Inc. as a cross-defendant.

ORDER

Based upon the stipulation of the parties and pursuant to its provisions, and for good cause appearing therefore, it is hereby

ORDERED that Defendant GlaxoSmithKline shall now be dismissed without prejudice from this action with each party bearing its own attorney fees and costs related to the suit and cross-suit against GlaxoSmithKline LLC and its dismissal without prejudice from this action, it is further

ORDERED that plaintiff may now amend her complaint to add Jubilant Cadista Pharmaceuticals, Inc. as a defendant and that Defendant/Cross-Claimant Sam's West, Inc. may amend its cross-complaint to add Jubilant Cadista Pharmaceuticals, Inc. as a cross-defendant.

IT IS SO ORDERED.