MILLER et al v. ZIMMER BIOMET INC et al

Filing 31

ORDER accepting Report and Recommendations re: 29 Report and Recommendations ; granting in part and denying in part 16 Motion to Dismiss By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JANICE E. MILLER, et al.,
Plaintiffs,
v.
ZIMMER BIOMET INC. et al.
Defendants.

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) Case No. 2:17-cv-265-JDL
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ORDER ACCEPTING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE
The United States Magistrate Judge filed his Recommended Decision (ECF No.
29) with the court on November 30, 2017, pursuant to 28 U.S.C. § 636(b)(1)(B) and
Federal Rule of Civil Procedure 72(b). The time within which to file objections expired
December 14, 2017, and no objections have been filed. The Magistrate Judge notified
the parties that failure to object would waive their right to de novo review and appeal.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ACCEPTED. The Defendants’ Motion to Dismiss (ECF No. 16) is
GRANTED as to Claim Seven (negligence) and the Motion is DENIED in all other
respects.
SO ORDERED.
Dated: December 20, 2017
/s/ Jon D. Levy
U.S. DISTRICT JUDGE