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)

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