Ezell et al v. Medtronic P L C et al

Filing 27

JUDGMENT adopting 26 Report and Recommendations of the Magistrate Judge. IT IS ORDERED that Plaintiffs' 12 Motion to File Amended and Supplemental Petition is GRANTED; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant Medtronic P L Cs 10 Motion to Dismiss for Lack of Jurisdiction is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to Defendant Medtronic P L C, and Plaintiffs claims against this Defendant are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction. To the extent that Medtronic P L C sought dismissal of claims of the now-named Defendant Medtronic Vascular Galway (Unlimited Company), the motion is DENIED. Signed by Judge Robert G James on 2/28/2018. (crt,Miletello, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

WILEY EZELL, ET AL.

CIVIL ACTION NO. 17-00796

VERSUS

JUDGE ROBERT G. JAMES

MEDTRONIC PLC, ET AL.

MAG. JUDGE JOSEPH PEREZ-MONTES

JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge
previously filed herein, and noting the absence of objections to the Report and Recommendation in
the record, and concurring with the Magistrate Judge’s findings under the applicable law,
IT IS ORDERED that Plaintiffs’ Motion for Leave to File Amended and Supplemental
Petition [Doc. No. 12] is GRANTED. Medtronic Vascular Galway (Unlimited Company) is added
as a Defendant in this matter.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant Medtronic
plc’s Motion to Dismiss for Lack of Jurisdiction [Doc. No. 10] is GRANTED IN PART and
DENIED IN PART. The motion is GRANTED as to Defendant Medtronic plc, and Plaintiffs’
claims against this Defendant are DISMISSED WITHOUT PREJUDICE for lack of personal
jurisdiction. To the extent that Medtronic plc sought dismissal of claims of the now-named

Defendant Medtronic Vascular Galway (Unlimited Company), the motion is DENIED.1
MONROE, LOUISIANA, this 28th day of February, 2018.

1

It is not clear that Defendants move for the dismissal of claims against Medtronic
Vascular Galway (Unlimited Company), but out of an abundance of caution, the Court clarifies
that it is dismissing the claims against Medtronic plc only.
2