Almer v. Peanut Corporation of America

Filing 1679

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re: GUIDANT CORP. IMPLANTABLE DEFIBRILLATORS PRODUCTS LIABILITY LITIGATION This Document Relates to: Ronald Cameron; Elizabeth Carpenter; Marjorie Foster, individually and as successor in interest to Eldon Foster; Frank Harrison; Arthur Holman, Sr.; Charles Knippschild; Kim Miller Reynoso, individually and as successor in interest to William Smith; Kim Wilkins; and Melanie Smith, individually and as successor in interest to William Smith, Plaintiffs, v. Civil No. 07-1123 (DWF/AJB) ORDER FOR DISMISSAL WITH PREJUDICE MDL No. 05-1708 (DWF/AJB)

Guidant Corporation; Guidant Sales Corporation; Boston Scientific Corporation; Cardiac Pacemakers Inc.; and Sutter Health Sacramento Sierra Region, Defendants. (as to Defendant Sutter Health Sacramento Sierra Region only) Plaintiffs, by and through their counsel, filed a Notice of Voluntary Dismissal dated April 11, 2007 (Civil No. 07-1123, Doc. No. 9) 1 pursuant to Federal Rule of Civil

Plaintiffs filed their motion only in the original case. They should have filed their motion in both the original case Civil No. 07-1123 (DWF/AJB) and in the master case MDL 05-1708 (DWF/AJB).

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Procedure 41 with respect to their claims against Defendant Sutter Health Sacramento Sierra Region. After consideration of the submissions and review of the procedural history of the file, IT IS HEREBY ORDERED: 1. Plaintiffs' claims against Defendant Sutter Health Sacramento Sierra

Region expressed in the Complaint (Civil No. 07-1123 (DWF/AJB), Doc. No. 1) are DISMISSED WITH PREJUDICE. 2. Each party to bear its own costs.

LET JUDGMENT BE ENTERED ACCORDINGLY WITH RESPECT TO DEFENDANT SUTTER HEALTH SACRAMENTO SIERRA REGION ONLY. Dated: April 30, 2007 s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

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