Stryker Corporation et al v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 319

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION, denying Stryker's motion to add TIG as a party to Stryker I (Dkt. No. 1147); denying Stryker's request to insert a contingent claim for consequential damages/bad faith settlement again st XL into Stryker I; dismissing without prejudice Stryker's motion to execute on supersedeas bond (Dkt. No. 1145); no other issues remain outstanding in Stryker I; on or before May 31, 2013, the parties shall draft and submit, a joint proposed judgment in Stryker I incorporating the Court's post-remand orders ; signed by Judge Robert Holmes Bell ; this document appears in the following associated cases: 4:01-cv-00157-RHB, 1:05-cv-00051-RHB(Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

STRYKER CORPORATION, et al.,
Plaintiffs,
v.

File No. 4:01-CV-157
(“Stryker I”)

XL INSURANCE AMERICA, INC.,
Defendant.
HON. ROBERT HOLMES BELL
and
STRYKER CORPORATION, et al.,
Plaintiffs,
v.

File No. 1:05-CV-51
(“StrykerII”)

XL INSURANCE AMERICA, INC. and
TIG INSURANCE COMPANY,
Defendants.
/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On April 22, 2013, Magistrate Judge Joseph G. Scoville issued a Report and
Recommendation (“R&R”) (Stryker I, Dkt. No. 1210; Stryker II, Dkt. No. 316) with
recommendations concerning the remaining issues in Stryker I. No objections have been
filed, and the deadline for doing so has expired. The Court has reviewed the R&R and

concludes that it correctly analyzes the issues and makes sound recommendations.
Accordingly,
IT IS HEREBY ORDERED that the Magistrate Judge’s April 22, 2013, R&R
(Stryker I, Dkt. No. 1210; Stryker II, Dkt. No. 316) is APPROVED and ADOPTED as the
opinion of the Court.
IT IS FURTHER ORDERED that Stryker’s motion to add TIG as a party to StrykerI
(Stryker I, Dkt. No. 1147) is DENIED.
IT IS FURTHER ORDERED that Stryker’s request to insert a contingent claim for
consequential damages/ bad faith settlement against XL into Stryker I (See Dkt. No. 1206,
Jt. Status Rpt. 2-4) is DENIED.
IT IS FURTHER ORDERED that Stryker’s motion to execute on supersedeas bond
(Dkt. No. 1145) is DISMISSED without prejudice pursuant to Stryker’s notice of withdrawal
in the Joint Status Report. (See Dkt. No. 1206, Jt. Status Rpt. 4.)
IT IS FURTHER ORDERED that no other issues remain outstanding in Stryker I.
IT IS FURTHER ORDERED that the parties shall draft and submit, on or before
May 31, 2013, a joint proposed judgment in Stryker I incorporating the Court’s post-remand
orders.

Dated: May 16, 2013

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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