Graziani v. St. Jude Medical et al

Filing 41

ORDER granting 40 AMENDED MOTION TO DISMISS AND TO SEVER AND SUGGESTION OF REMAND(Written Opinion). Signed by Judge Richard H. Kyle on 7/14/11. (ds)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA IN RE MEDTRONIC, INC. SPRINT FIDELIS LEADS PRODUCTS LIABILITY LITIGATION This documents relates to: Graziani v. St. Jude Medical et al. 08-cv-01207 MDL NO. 08-1905 (RHK/JSM) ORDER GRANTING PLAINTIFFS’ LEAD COUNSEL’S AMENDED MOTION TO DISMISS AND TO SEVER, AND SUGGESTION OF REMAND Upon consideration of Plaintiffs’ Lead Counsel’s Amended Motion to Dismiss (Doc. No. 40), and based on all the files, records and proceedings herein, IT IS ORDERED that the Motion is GRANTED. Pursuant to the Master Settlement Agreement and Federal Rule of Civil Procedure Rule 41(a), the claims of Plaintiff Karin Graziani in the action styled Graziani v. St. Jude Medical et al., Civ. No. 08-cv-01207, against Medtronic, Inc. are DISMISSED WITH PREJUDICE. The Court having expressly determined that there is no just reason for delay for entering judgment as to the dismissed claims, LET JUDGMENT BE ENTERED ACCORDINGLY as to those claims. The Court believes that the remaining claims against non-Medtronic Defendant, St. Jude Medical, a Minnesota Corporation, should be remanded by the Judicial Panel on Multidistrict Litigation (“JPML”) to the United States District Court for the Central District of California, the transferor court, for further proceedings, and it hereby SUGGESTS the same to the JPML. See JPML R. 10.1(b)(i). Dated: July 14, 2011 s/ Richard H. Kyle RICHARD H. KYLE United States District Judge

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