Almer v. Peanut Corporation of America

Filing 1676

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re: GUIDANT CORP. IMPLANTABLE DEFIBRILLATORS PRODUCTS LIABILITY LITIGATION This Document Relates to: Francis McConville and Virgilio Rabuco, Plaintiffs, v. Civil No. 06-5079 (DWF/AJB) ORDER FOR DISMISSAL WITH PREJUDICE MDL No. 05-1708 (DWF/AJB)

Guidant Corporation; Guidant Sales Corporation; Cardiac Pacemakers, Inc.; Boston Scientific Corporation; and Alta Bates Summit Medical Center, Defendants. (as to Defendant Alta Bates Summit Medical Center only) Plaintiffs Francis McConville and Virgilio Rabuco, by and through their counsel, filed a Notice of Dismissal With Prejudice on April 12, 2007 (Civil No. 06-5079 (DWF/AJB), Doc. No. 3) 1 pursuant to Federal Rule of Civil Procedure 41 with respect to their claims against Defendant Alta Bates Summit Medical Center. After consideration of the submissions and review of the procedural history of the file,

Plaintiffs filed their Notice of Voluntary Dismissal only in the original case Civil No. 06-5079 (DWF/AJB). They should have filed their Notice of Voluntary Dismissal in both the original case and the master case MDL 05-1708 (DWF/AJB).

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IT IS HEREBY ORDERED: 1. Plaintiffs Francis McConville and Virgilio Rabuco's claims against

Defendant Alta Bates Summit Medical Center expressed in the Complaint (Civil No. 060579 (DWF/AJB), Doc. No. 1) are DISMISSED WITH PREJUDICE. 2. Each party to bear its own costs.

LET JUDGMENT BE ENTERED ACCORDINGLY WITH RESPECT OT DEFENDANT ALTA BATES SUMMIT MEDICAL CENTER ONLY. Dated: April 30, 2007 s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

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