ADAMS v. ZIMMER US, INC. et al

Filing 110

ORDER OF 8/14/2018 THAT THE MOTION OF DEFENDANT ZIMMER US, INC., ZIMMER HOLDINGS, INC., ZIMMER INC., AND ZIMMER SURGICAL, INC. (DOC. 75) IS GRANTED. SUMMARY JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANTS, ZIMMER US, INC., ZIMMER HOLDINGS, INC., ZIMME R, INC., AND ZIMMER SURGICAL, INC., AND AGAINST THE PLFF, ON ALL COUNTS OF THE SECOND AMENDED COMPLAINT (DOC. NO. 34), THE MOTION FOR BIFURCATION AND SEPARATE JURIES (DOC. NO. 85), THE MOTION TO EXCLUDE TESTIMONY OF DR. ALBERT BURSTEIN (DOC. NO. 92) THE SECOND MTION FOR SUMMARY JUDGMENT (DOC. NO. 93), THE MOTION TO EXCLUDE TESTIMONY OF DR. GEORGE KANTOR (DOC. NO. 94), THE MOTION TO EXCLUDE TESTIMONY OF DR. STEPHEN LI (DOC. NO. 95), AND THE MOTION TO STRIKE THE SECOND MOTION FOR SUMMARY JUDGMENT (DOC. NO. 96) ARE DENIED AS MOOT; AND THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSE. SIGNED BY JUDGE: EDWARD G. SMITH. 8/14/2018 ENTERED AND COPIES E-MAILED. (DT)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARILYN ADAMS,
Plaintiff,
v.
ZIMMER US, INC., ZIMMER
HOLDINGS, INC., ZIMMER, INC., and
ZIMMER SURGICAL, INC.,
Defendants.

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CIVIL ACTION NO. 17-621

ORDER
AND NOW, this 14th day of August, 2018, after considering the motion for summary
judgment and accompanying documents filed by the defendants, Zimmer US, Inc., Zimmer
Holdings, Inc., Zimmer Inc., and Zimmer Surgical, Inc. (Doc. Nos. 75-77), the response in
opposition to the motion and accompanying documents filed by the plaintiff, Marilyn Adams
(Doc. Nos. 89-91), the defendants’ reply to the response in opposition and response to the
plaintiff’s counterstatement of facts (Doc. Nos. 100, 101), the record presented to the court by
the parties, and the arguments presented to the court during oral argument on July 25, 2018; and
for the reasons set forth in the separately filed memorandum opinion; accordingly, it is hereby
ORDERED as follows:
1.

The motion for summary judgment (Doc. No. 75) is GRANTED. Summary

judgment is entered in favor of the defendants, Zimmer US, Inc., Zimmer Holdings, Inc.,
Zimmer, Inc., and Zimmer Surgical, Inc., and against the plaintiff, Marilyn Adams, on all counts
of the second amended complaint (Doc. No. 34);
2.

The motion for bifurcation and separate juries (Doc. No. 85), the motion to

exclude testimony of Dr. Albert Burstein (Doc. No. 92), the second motion for summary

judgment (Doc. No. 93), the motion to exclude testimony of Dr. George Kantor (Doc. No. 94),
the motion to exclude testimony of Dr. Stephen Li (Doc. No. 95), and the motion to strike the
second motion for summary judgment (Doc. No. 96) are DENIED AS MOOT; and
3.

The clerk of court is DIRECTED to mark this case as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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