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SCHIMMEL v. PFIZER, INC.

0600173/2008 Sequence No. 003

2008 NY Slip Op 32388 (U)

PAUL R. SCHIMMEL, PAUL SCHIMMEL PROFIT SHARING PLAN, DAVID H. MACK, ALTA CALIFORNIA PARTNERS III, L.P., ALTA EMBARCADERO PARTNERS II, LLC, JOHN PARRISH, PAUL GLIDDEN AS TRUSTEE OF THE THE GLIDDEN FAMILY REVOCABLE TRUST, KARLA EWALT, CYNTHIA P. DUGAN, PETER L. DUGAN, CRAIG L. GROSVENOR, TRUSTEE FBO CRAIG L. GROSVENOR TRUST DATED 8/25/89, CHRISTINE PARRISH, PHYLLIS D. PARRISH, PARISH FAMILY TRUST, KATHERINE SCHIMMEL-BAKI, K. LEAH SCHIMMEL, ERIK J. SORENSEN, JAMIE WILLIAMSON, ALISON BATES, REBECCA ALEXANDER, KATHLEEN T. MULLIGAN, TOM JUROS, SINCLAIR DeBORDENAVE and FRANCELLA OTERO, Plaintiffs v. PFIZER, INC., Defendant.

Supreme Court of the State of New York, New York County.

May 6, 2008

August 28, 2008

Judge: RICHARD LOWE

Motion sequence 002 and 003 are consolidated for disposition. In motion sequence 002, Defendant Phizer Inc.(Phizer) moves for an order pursuant to CPLR 32 14(b) staying disclosure pending disposition on its motion to dismiss. In motion sequence 003, Phizer moves pursuant to CPLR 321 1(a)(1), 321 1(a)(7), and 3016(b) and for a declaratory judgment with respect to limiting its potential liability to $8.5 million.

BACKGROUND

Plaintiffs...

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