Wesley v. Medtronic, Inc. et al

Filing 36

ORDER denying as moot 35 Motion to Dismiss/General (Written Opinion). Signed by Judge Richard H. Kyle on 7/7/11. (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: Wesley v. Medtronic, Inc. et al. 08-cv-05355 MDL NO. 08-1905 (RHK/JSM) ORDER DENYING PLAINTIFFS’ LEAD COUNSEL’S MOTION TO DISMISS AS MOOT On May 31, 2011, Plaintiffs’ Lead Counsel filed a Motion to Dismiss the abovereferenced matter pursuant to Federal Rule of Civil Procedure 41(a) and the Master Settlement Agreement (Doc. No. 35). However, this case was already dismissed and judgment was entered (Doc. No. 30) before the Master Settlement Agreement was executed; the United States Court of Appeals for the Eighth Circuit later affirmed that dismissal. Accordingly, Plaintiffs’ Lead Counsel’s Motion to Dismiss pursuant to Rule 41(a) and the Master Settlement Agreement is DENIED AS MOOT. Dated: July 7, 2011 21928 s/ Richard H. Kyle RICHARD H. KYLE United States District Judge

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