JOHANNESSEN v. SULZER MEDICA USA, INC. et al

Filing 53

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. 46) IS GRANTED. PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 47) IS DENIED. THE SECOND AMENDED COMPLAINT (DOC. 37) IS DISMISSED.SIGNED BY HONORABLE R. BARCLAY SURRICK ON 5/20/09. 5/21/09 ENTERED AND COPIES MAILED, E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NILS JOHANNESSEN v. SULZER MEDICA USA, INC., ET AL.

: : : : :

CIVIL ACTION NO. 04-3791

ORDER AND NOW, this 20th day of May, 2009, upon consideration of the Motion of

Defendants Sulzer Medica, Inc., Centerpulse, Inc., and Zimmer Holdings, Inc., for Summary Judgment (Doc. No. 46) and Plaintiff Nils Johannessen's Memorandum of Law in Opposition to Zimmer's Motion for Summary Judgement and in Support of his Motion for Partial Summary Judgment Against Zimmer Holdings, Inc., Sulzer Medica USA, Inc., and Centerpulse USA, Inc. (Doc. No. 47), and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows: 1. 2. 3. Defendants' Motion for Summary Judgment (Doc. No. 46) is GRANTED. Plaintiff's Motion for Partial Summary Judgment (Doc. No. 47) is DENIED. The Second Amended Complaint (Doc. No. 37) is DISMISSED.

IT IS SO ORDERED. BY THE COURT:

_________________________ R. Barclay Surrick, J.