KLINE et al v. ZIMMER HOLDINGS, INC et al

Filing 96

ORDER granting 70 Motion for Summary Judgment; denying as moot 74 Motion in Limine; denying 84 Motion to Strike ; adopting Report and Recommendations re 88 Report and Recommendations. Signed by Chief Judge Joy Flowers Conti on 7/6/2015. (ten)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
GREGORY KLINE and CHERRIE KLINE, )
Plaintiffs,
)
)
v.
)
)
ZIMMER HOLDINGS, INC., et al.,
)
Defendants.
)
)

Civil Action No. 13-513

ORDER
AND NOW, this 6th day of July, 2015,
IT IS ORDERED that the amended motion for summary judgment filed on behalf of the
defendants (ECF No. 70) is granted; and
IT IS FURTHER ORDERED that the amended motion in limine to exclude specific
opinions of plaintiffs’ expert witnesses filed on behalf of the defendants (ECF No. 74) is denied
as moot; and
IT IS FURTHER ORDERED that the motion to strike the affidavits of Mari Truman and
Nicholas Sotereanos, M.D., filed on behalf of the defendants (ECF No. 84) is denied; and
IT IS FINALLY ORDERED that the Report and Recommendation filed by Magistrate
Judge Mitchell (ECF No. 88) is adopted as the opinion of the court, as supplemented by the
accompanying memorandum opinion.
Judgment is hereby entered in favor of defendants Zimmer Holdings, Inc., Zimmer, Inc.,
and Zimmer US, Inc., and against plaintiffs Gregory Kline and Cherrie Kline.
The clerk of court shall mark this case closed.
/s/ Joy Flowers Conti
Joy Flowers Conti
Chief United States District Judge