Riddell v. Stryker Sales Corporation

Filing 19

ORDER granting 2 Motion to Dismiss; granting 17 Motion to Amend/Correct as set out in the order. Signed by District Judge Daniel P. Jordan III on 11/21/2014. (JM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

FRANCES NAUSE RIDDELL

PLAINTIFF

VS.

CIVIL ACTION NO. 3:14cv705-DPJ-FKB

STRYKER SALES CORPORATION

DEFENDANT

ORDER
This products-liability case is before the Court on Defendant Stryker Sales Corporation’s
(“Stryker”) Motion to Dismiss [2], the parties’ Joint Stipulation [16], and Plaintiff Frances Nause
Riddell’s Motion for Leave to Amend the Complaint [17]. In the stipulation, Riddell concedes
that her claims against Stryker should be dismissed without prejudice because the proper
defendant for her claims is Howmedica Osteonics Corporation. She now requests leave to
amend her complaint to name the proper defendant and to cure any deficiencies in her original
complaint. Defendants do not oppose this motion.
IT IS, THEREFORE, ORDERED that Stryker’s Motion to Dismiss [2] is granted, and
Riddell’s claims against Stryker are dismissed without prejudice.
IT IS FURTHER ORDERED that Riddell’s Motion for Leave to Amend the Complaint
[17] is granted as unopposed.
SO ORDERED AND ADJUDGED this the 21st day of November, 2014.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE