King et al v. Pfizer, Inc. et al

Filing 31

MEMORANDUM AND ORDER - Magistrate Judge F.A. Gossett's Findings and Recommendation (Filing No. 30 ) are adopted. The Motion to Remand filed by Plaintiffs Cathy King and Steve King (Filing No.[ 22]) is denied. Defendant Monte Scott, M.D., is dismissed as a defendant in theseproceedings. The Clerk's office will modify the caption to reflect the dismissal of Monte Scott, M.D., as a Defendant. Ordered by Chief Judge Laurie Smith Camp. (AOA) Modified on 12/31/2013 (AOA) to add Memorandum.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CATHY KING, an individual, and
STEVE KING, an individual,
Plaintiffs,
v.
PFIZER, INC.; WYETH, LLC;
WYETH PHARMACEUTICALS, INC.;
SCHWARZ PHARMA, INC.;
PLIVA, INC.; JOHN DOE
PHARMACEUTICAL COMPANIES 1-40;
and MONTE SCOTT, MD,
Defendant.

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CASE NO. 8:13CV290

MEMORANDUM
AND ORDER

This matter is before the Court on the Motion to Remand (Filing No. 22) filed by
Plaintiffs Cathy King and Steve King, and the Findings and Recommendation (Filing No.
30) of Magistrate Judge F.A. Gossett, recommending that the Motion to Remand be denied
and that Defendant Monte M. Scott, M.D., be dismissed as an improperly joined nondiverse party. No party has objected to the Findings and Recommendation, and the time
for filing any such objections has expired. See NECivR 72.2.
The Court has conducted a de novo review of the pleadings, the Motion to Remand,
the parties' briefs, and the Defendants' index of evidence, and adopts Judge Gossett's
well-reasoned Findings and Recommendation in their entirety. Accordingly,
IT IS ORDERED:
1.

Magistrate Judge F.A. Gossett's Findings and Recommendation (Filing No.
30) are adopted;

2.

The Motion to Remand filed by Plaintiffs Cathy King and Steve King (Filing
No. 22) is denied;

3.

Defendant Monte Scott, M.D., is dismissed as a defendant in these
proceedings; and

4.

The Clerk's office will modify the caption to reflect the dismissal of Monte
Scott, M.D., as a Defendant.

DATED this 31st day of December, 2013.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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