Gardiner et al v. Medtronic, Inc. et al

Filing 40

ORDER granting 39 Stipulated Motion to Dismiss with Prejudice, pursuant to Fed. R. Civ. P. 41(a), this matter, and all claims asserted therein, is dismissed with prejudice, with each party to bear its own attorneys fees and costs. by Judge Philip A. Brimmer on 2/17/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-01255-PAB-KLM BARBARA GARDINER and NEIL GARDINER, Plaintiffs, v. MEDTRONIC, INC., MEDTRONIC USA, INC., MEDTRONIC NEUROLOGICAL, and MEDTRONIC NEUROMODULATION, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL WITH PREJUDICE _____________________________________________________________________ THIS MATTER comes before the Court upon the parties' Stipulated Motion for Dismissal with Prejudice [Docket No. 39]. The Court has reviewed the pleading and is fully advised in the premises. It is ORDERED that the motion for dismissal [Docket No. 39] is granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), this matter, and all claims asserted therein, is dismissed with prejudice, with each party to bear its own attorneys' fees and costs. DATED February 17, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge