ELDON FALLON, District Judge
AND NOW, this ____ day of ____, 2005, it is hereby STIPULATED, ORDERED, ADJUDGED and DECREED, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), that the above-captioned action be and hereby is DISMISSED WITHOUT PREJUDICE as to the Defendant, UNITED STATES OF AMERICA (substituted for PRAVEN DESHMUKN, MD, as per the Order granted on May 13, 2005) with each party to bear its own costs and counsel fees.
This Stipulation is filed on behalf of plaintiff BARRAGAN and defendants Merck Co., Inc., Shaffin A. Mohamed, M.D., Praven Deshmukn, M.D., and United States of America who have appeared in the above-captioned matter.
APPROVED AND SO ORDERED.