Alexander v. Boone Hospital Center et al.

Filing 59

ORDER granting 52 Motion to Sever; granting 52 Motion to Transfer/Change Venue; granting 58 Motion to Dismiss/General (Written Opinion). Signed by Judge Richard H. Kyle on 6/22/11. (ds)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

IN RE MEDTRONIC, INC.
SPRINT FIDELIS LEADS PRODUCTS
LIABILITY LITIGATION
This documents relates to:
Alexander v. Boone Hospital Center et al.
10-cv-03373

MDL NO. 08-1905 (RHK/JSM)
ORDER GRANTING PLAINTIFFS’
LEAD COUNSEL’S MOTION TO
DISMISS AND TO SEVER, AND
SUGGESTION OF REMAND

Upon consideration of Plaintiffs’ Lead Counsel’s Motion to Dismiss (Doc. No. 58)
and Plaintiff Donald Alexander’s Motion to Sever and Remand Remaining Defendants
(Doc. No. 52), and based on all the files, records and proceedings herein, IT IS
ORDERED that the Motions are GRANTED. Pursuant to the Master Settlement
Agreement and Federal Rule of Civil Procedure Rule 41(a), the claims of Plaintiff
Donald Alexander in the action styled Alexander v. Boone Hospital Center et al., Civ.
No. 10-cv-03373, against Medtronic, Inc., William A. Hawkins, Susan Alpert, Kathleen
Erickson DiGiorno, Stephen Oesterle, Gary Ellis, and Brian Rysdam are DISMISSED
WITH PREJUDICE. The Court having expressly determined that there is no just
reason for delay for entering judgment as to the dismissed claims, LET JUDGMENT
BE ENTERED ACCORDINGLY as to those claims.
The Court believes that the remaining claims against non-Medtronic Defendants
Boone Hospital Center, Daniel Rothery, Missy Arnold, and Nancy Tune should be
remanded by the Judicial Panel on Multidistrict Litigation (“JPML”) to the United States

District Court for the Western District of Missouri, the transferor court, for further
proceedings, and it hereby SUGGESTS the same to the JPML. See JPML R. 10.1(b)(i).

Dated: June 22, 2011

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