Lawson et al v. Medtronic, Inc. et al

Filing 11

ORDER granting 10 AMENDED MOTION TO DISMISS AND TO SEVER AND SUGGESTION OF REMAND (Written Opinion). Signed by Judge Richard H. Kyle on 7/14/11. (ds)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
IN RE MEDTRONIC, INC.
SPRINT FIDELIS LEADS PRODUCTS
LIABILITY LITIGATION
This documents relates to:
Lawson et al. v. Medtronic, Inc. et al.
10-cv-04841

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

Upon consideration of Plaintiffs’ Lead Counsel’s Amended Motion to Dismiss
(Doc. No. 10), and based on all the files, records and proceedings herein, IT IS
ORDERED that the Motion is GRANTED. Pursuant to the Master Settlement
Agreement and Federal Rule of Civil Procedure Rule 41(a), the claims of Plaintiffs
Felton Lawson and Brenda Lawson in the action styled Lawson et al. v. Medtronic, Inc.
et al., Civ. No. 10-cv-04841, against Medtronic, Inc. 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 Defendant,
Our Lady of the Lake Hospital, Inc., should be remanded by the Judicial Panel on
Multidistrict Litigation (“JPML”) to the United States District Court for the Middle
District of Louisiana, the transferor court, for further proceedings, and it hereby
SUGGESTS the same to the JPML. See JPML R. 10.1(b)(i).
Dated: July 14, 2011

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