Perry v. Howmedica Osteonics Corp et al

Filing 16

ORDER ADOPTING 15 Report and Recommendations denying without prejudice 7 Motion to Dismiss for Failure to State a Claim. Plaintiff shall file an amended complaint not later than August 1, 2016. Defendants may file Rule 12(b)(6) Motion to Dismiss the amended complaint. Signed by Judge S Maurice Hicks on 07/18/2016. (crt,Crick, S)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

MICHAEL PERRY

CIVIL ACTION NO. 16-00261

VERSUS

JUDGE S. MAURICE HICKS, JR.

HOWMEDICA OSTEONICS
CORPORATION d/b/a
STRYKER ORTHOPAEDICS

MAGISTRATE JUDGE HANNA

ORDER
This matter was referred to United States Magistrate Judge Patrick J. Hanna for
report and recommendation. After an independent review of the record, and noting the
absence of any objections, this Court concludes that the Magistrate Judge’s report and
recommendation is correct and adopts the findings and conclusions therein as its own.
Accordingly,
IT IS ORDERED, ADJUDGED, AND DECREED that the pending Motion to Dismiss
(Record Document 7) is DENIED WITHOUT PREJUDICE to the right of the defendant to
re-urge the motion, if appropriate, to seek dismissal of the amended complaint. The
plaintiff shall file, not later than August 1, 2016, an amended complaint asserting claims
under and in conformity with the LPLA and striking all claims asserted in his original
complaint that are not permitted under the LPLA. In drafting the amended complaint, the
plaintiff should carefully consider whether the John Doe defendants should be retained in
this lawsuit, should precisely tailor his allegations to the Device rather than to any other hip
replacement system that might have been manufactured by Howmedica, and should
include sufficient factual detail concerning his own medical history to establish his claimed

damages.
IT IS FURTHER ORDERED that the defendants may, if appropriate, file a Rule
12(b)(6) Motion to Dismiss the amended complaint.
THUS DONE AND SIGNED, Shreveport, Louisiana, this 18th day of July, 2016.

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