Halsey v. Smith & Nephew

Filing 9

STIPULATION AND ORDER signed by Judge Morrison C. England, Jr. on 2/18/2011 ORDERING 7 Pltf's 8th Cause of Action for Punitive Damages in his product liability lawsuit is hereby STRICKEN, w/o prejudice, including but not limited to Paragraphs 65 - 68 of the Complaint and the Prayer for Relief, Paragraph 6, pg 14, Line 9 of the complaint; pltf's 9th Cause of Action for Fraud is hereby STRICKEN, w/o prejudice, including but not limited to Paragraphs 69 - 76 of the complaint; dft Smith & Nephew, Inc. shall have 30 days from the date it is given notice that the order is entered by the Court to file and serve its answer to the complaint; the parties shall bear their own fees and costs with respect to Smith & Nephew, Inc's motion to dismiss for failure to state a claim for Fraud and motion to strike pltf's claims of punitive damages; the 6 motion to strike is now MOOT and therefore VACATED.(Reader, L)