Southern Division
United States of America, ]
]
Plaintiff(s), ]
]
vs. ] CV-00-N-0837-S
]
Baxter International ]
Incorporated, et al., ]
]
Defendant(s). ]
The United States of America, after hearing on this date, has failed to demonstrate to the court's satisfaction: (1) that it will be irreparably
harmed if the Escrow Agent is not enjoined from mailing rebate checks from the Common Benefit Fund to approximately 110,000
claimants on Monday, May 22, 2000; (2) there is a substantial likelihood that it will succeed on the merits of its claims; (3) the threat of
injury to its own interests outweighs the harm threatened to those of the defendants and of thousands of breast implant claimants; and, (4)
that the injunction would serve the public interest. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED:
1. The motion of the United States of America for a preliminary injunction is DENIED to the extent that it is addressed to the planned distribution of rebate checks pursuant to MDL 926 Order No. 13A and related orders, now scheduled to take place on Monday, May 22, 2000.
2. The motion, as addressed to other issues, is taken under advisement immediately, with leave granted to all parties to notify the court prior to 12:00 noon on Tuesday, May 16, 2000, if they propose to file supplemental briefs.
This order will be posted on the MDL926 WEB page and transmitted by email to interested persons in MDL926.
Done, this 12th of May, 2000.
s /
Edwin Nelson
EDWIN NELSON
UNITED STATES DISTRICT JUDGE
Service List:
G. Douglas Jones
Herbert J. Lewis
Ruth A. Harvey
David W. Ogden
MDL 926 Plaintiffs' Liaison Counsel
MDL 926 Defendants' Liaison Counsel
Office of Plaintiffs' Liaison Counsel
Plaintiffs' Steering Committee