Carlos Duarte v. Stryker Sales Corporation, et al

Filing 54

JUDGMENT by Judge S. James Otero: Judgment is entered in favor of Stryker and against Plaintiff and Counterdefendant Carlos Duarte as to each of Duarte's causes of action against Stryker. Duarte's First Amended Complaint is dismissed on th e merits with prejudice. That Duarte take nothing, and that Stryker recover its costs of suit incurred herein as to Duarte's claims against it. That the Court declines to exercise supplemental jurisdiction as toStryker's counterclaim against Duarte, which is thereby dismissed without prejudice. (lc)

1 AMY WINTERSHEIMER FINDLEY (BAR NO. 163074)
JOSI KENNON SWONETZ (BAR NO. 260575)
2 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
3 One America Plaza
600 West Broadway, 27th Floor
4 San Diego, California 92101-0903
Phone: [phone]
5 Fax: [phone]
E-Mail: [e-mail]
[e-mail]
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7 Attorneys for Defendant and Counterclaimant
STRYKER SALES CORPORATION
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 CARLOS DUARTE, an individual,
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vs.

Plaintiff,

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Case No. 2:16-cv-00037-SJO (AFMx)
JUDGMENT

STRYKER SALES CORPORATION, a Ctrm:
15 Michigan corporation registered and
Judge:
conducting business in California, and
16 DOES 1 through 10 inclusive,
Defendants.

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STRYKER SALES CORPORATION,

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Courtroom 10C
Los Angeles – 1st Street
Hon. S. James Otero

vs.

Counterclaimant,

21 CARLOS DUARTE,
Counterdefendant.

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JUDGMENT
854190.01/SD

JUDGMENT

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The Court, having considered the Motion for Summary Judgment ("Motion")

3 filed on February 17, 2017, by Defendant and Counterclaimant Stryker Sales
4 Corporation ("Stryker"), all papers in support and in opposition thereto, and good
5 cause appearing therefor as explained in the reasons set forth in the Order Granting
6 Defendant's Motion for Summary Judgment entered on April 21, 2017 (Dkt. No.
7 51), hereby ORDERS, ADJUDGES, AND DECREES as follows:
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1.

Stryker's Motion is granted in its entirety;

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2.

Judgment is entered in favor of Stryker and against Plaintiff and

10 Counterdefendant Carlos Duarte ("Duarte") as to each of Duarte's causes of action
11 against Stryker;
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3.

Duarte's First Amended Complaint is dismissed on the merits with

13 prejudice;
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4.

That Duarte take nothing, and that Stryker recover its costs of suit

15 incurred herein as to Duarte's claims against it; and
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5.

That the Court declines to exercise supplemental jurisdiction as to

17 Stryker's counterclaim against Duarte, which is thereby dismissed without prejudice.
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IT IS SO ORDERED.

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20 Dated: April 28, 2017
Hon. S. James Otero
Judge, United States District Court

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JUDGMENT
854190.01/SD

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