Rollins v. St Jude Medical et al

Filing 83

REPORT AND RECOMMENDATIONS re 53 MOTION for Summary Judgment filed by St Jude Medical Inc, RECOMMENDING the motion be DENIED, without prejudice to the right to re-file the motion following discovery, if appropriate. See 82 Memorandum Order granting motion to reopen discovery. Objections to R&R due by 9/11/2009. Signed by Magistrate Judge Karen L Hayes on 8/24/09. (crt,Crawford, A)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION LINDA ROLLINS VERSUS ST. JUDE MEDICAL, ET AL. * * * CIVIL ACTION NO. 08-0387 JUDGE ROBERT G. JAMES MAG. JUDGE KAREN L. HAYES

REPORT AND RECOMMENDATION Before the undersigned Magistrate Judge, on reference from the District Court, is a motion for summary judgment filed by defendant, St. Jude Medical, Cardiology Division, Inc. d/b/a St. Jude Medical, Cardiovascular Division ("St. Jude Medical"). [doc. # 53]. For the reasons set forth in the undersigned's memorandum order of this date, which is incorporated by reference, IT IS RECOMMENDED that the motion for summary judgment filed by St. Jude Medical [doc. # 53] be DENIED, without prejudice to the right to re-file the motion following discovery, if appropriate. Fed.R.Civ.P. 56(f). Under the provisions of 28 U.S.C. §636(b)(1)(C) and F.R.C.P. Rule 72(b), the parties have ten (10) business days from service of this Report and Recommendation to file specific, written objections with the Clerk of Court. A party may respond to another party's objections within ten (10) business days after being served with a copy thereof. A courtesy copy of any objection or response or request for extension of time shall be furnished to the District Judge at the time of filing. Timely objections will be considered by the District Judge before he makes a

final ruling. A PARTY'S FAILURE TO FILE WRITTEN OBJECTIONS TO THE PROPOSED FINDINGS, CONCLUSIONS AND RECOMMENDATIONS CONTAINED IN THIS REPORT WITHIN TEN (10) BUSINESS DAYS FROM THE DATE OF ITS SERVICE SHALL BAR AN AGGRIEVED PARTY, EXCEPT ON GROUNDS OF PLAIN ERROR, FROM ATTACKING ON APPEAL THE UNOBJECTED-TO PROPOSED FACTUAL FINDINGS AND LEGAL CONCLUSIONS ACCEPTED BY THE DISTRICT JUDGE. THUS DONE AND SIGNED at Monroe, Louisiana, this 24th day of August 2009.

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