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)
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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