Ahmad et al v. Medtronic, Inc. et al

Filing 23

ORDER FOR DISMISSAL WITH PREJUDICE re 17 Order to Show Cause (Written Opinion). Signed by Judge Richard H. Kyle on 9/1/11. (ds)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
________________________________________________________________________

In re:
MEDTRONIC, INC.,
SPRINT FIDELIS LEADS
PRODUCTS LIABILITY LITIGATION

Multidistrict Litigation
No. 08-1905 (RHK/JSM)

This document relates to:
Indris S. Ahmad, et al. v. Medtronic, Inc., et al.
Case No. 09-cv-02476

ORDER FOR DISMISSAL WITH PREJUDICE

On June 14, 2011, the Court entered an Order (Docket No. 17) in this action directing
Plaintiff(s) Mariano Garcia, Tommy Gowen, Charles Hamm, Ruby McFarlane and Billy
Stephens to show cause, in writing, why their claims should not be dismissed with prejudice as a
result of (i) the Eighth Circuit’s ruling in Bryant v. Medtronic, Inc., 623 F.3d 1200 (8th Cir.
2010), (ii) this Court’s January 2009 ruling in In re Medtronic, Inc., Sprint Fidelis Leads
Products Liability Litigation, 592 F. Supp. 2d 1147 (D. Minn. 2009), dismissing the Master
Consolidated Complaint on the grounds of preemption, and/or (iii) their failure or refusal to
respond after due inquiry and good-faith diligence by their counsel.
As set forth in the Affidavit of Plaintiffs’ Lead Counsel (Docket No. 21), the Order to
Show Cause was sent to the above-referenced Plaintiff(s) at thier last known address(es) in
accordance with the Order to Show Cause. In addition, these Plaintiff(s) were advised (see
Docket No. 22) that the Court would hold a hearing on the Order to Show Cause on August 4,

2011. Nevertheless, the above-referenced Plaintiff(s) failed to appear at the August 4, 2011
hearing or otherwise respond to the Order to Show Cause.
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
ORDERED that all claims and causes of action of Plaintiff(s) Mariano Garcia, Tommy Gowen,
Charles Hamm, Ruby McFarlane and Billy Stephens in this action are DISMISSED WITH
PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: September 1, 2011

s/ Richard H. Kyle _____
RICHARD H. KYLE
United States District Judge

-2-