Tucker et al v. Wright Medical Technology, Inc.

Filing 52

ORDER by Judge Haywood S. Gilliam, Jr. Granting 51 Joint Stipulation of Partial Dismissal with Prejudice; terminating 46 Motion for Partial Summary Judgment. (ndrS, COURT STAFF) (Filed on 8/9/2016)

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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GREGORY
TUCKER,

K.

TUCKER

and

REBECCA

ORDER REGARDING STIPULATED
PARTIAL DISMISSAL WITH
PREJUDICE

Plaintiffs,

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Case No. 3:15-CV-03930-HSG

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vs.

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WRIGHT MEDICAL TECHNOLOGY, INC., and
DOES 1 through 100, inclusive,

Complaint Filed: July 23, 2015
Trial Date: November 14, 2016

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Defendants.
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ORDER REGARDING STIPULATED PARTIAL DISMISSAL WITH PREJUDICE

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The Court, having considered the Joint Stipulation of Partial Dismissal with Prejudice

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filed concurrently hererin, HEREBY ORDERS AS FOLLOWS:
1.

Any and all of Plaintiffs’ claims premised upon a theory of failure to warn or

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manufacturing defect, whether sounding in negligence or strict products liability, including

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Causes of Action 1 and 3 of their Complaint, are hereby dismissed with prejudice;

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2.

Wright Medical Technology Inc.’s Motion for Partial Summary Judgment

(Docket Number 46) is dismissed as moot; and

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3.

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dismissed herein.

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Each party will bear its own attorneys’ fees and costs with respect to the claims

IT IS SO ORDERED.

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Dated: August 9, 2016

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By:
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Hon. Haywood S. Gilliam, Jr.
United States District Court

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Case No. 3:15-CV-03930-HSG
[PROPOSED] ORDER REGARDING STIPULATED PARTIAL DISMISSAL WITH PREJUDICE