Claims of 69 Metabolife Plaintiffs Dismissed with Prejudice for Failure to Respond to Written Discovery



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NEW ORLEANS - The claims of 69 plaintiffs involved in a Metabolife products liability suit were dismissed with prejudice when a federal judge found that they failed to respond to the manufacturer's request for written discovery by the Dec. 20, 2002, deadline. Shirley Kemp, et al, v. Metabolife International, Inc., and Mark Ellis, No. 00-3513 (E.D. La.).

Metabolife's and Mike Ellis's motion to dismiss was granted in part and denied in part because U.S. District Judge Helen G. Berrigan refused to dismiss the claims of three plaintiffs who responded before the deadline, but failed to submit signed medical authorizations, …






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