Somascan, Inc. et al v. Philips Medical Systems Nederland B.V.

Filing 34

OPINION AND ORDER re 26 REPORT AND RECOMMENDATION re 9 MOTION to dismiss or Quash Service of Process as to Philips Medical Systems Nederland B.V. filed by Philips Medical Systems Nederland B.V. Having conducted an independent review of the record, the Magistrate-Judge's Report and Recommendation is adopted. Signed by Judge Aida M. Delgado-Colon on 11/10/2009.(wm) Modified on 11/16/2009 to correct document type (rc).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO SOMASCAN, INC., et al., Plaintiffs, v. PHILIPS MEDICAL SYSTEMS NEDERLAND B.V., Defendant. OPINION AND ORDER On August 6, 2009, Magistrate-Judge Camille Vélez-Rivé issued a Report and Recommendation ("R & R") on defendants Philips Medical Systems Nederland B.V. ("PMSN") Motion to Dismiss or Quash Service of Process. Docket No. 26. The Magistrate-Judge recommends: "defendant PMSN's request for dismissal be DENIED and defendant PMSN's request to quash service of process be GRANTED". Objections to the R & R were due on August 29, 2009. Docket No. 28. None were filed. Accordingly, having conducted an independent review of the record, the R & R is adopted. SO ORDERED1. At San Juan, Puerto Rico, this 10th day of November, 2009. Civil No. 09-1139 (ADC)

S/AIDA M. DELGADO-COLON United States District Judge

The record reflects that on September 3, 2009, plaintiff was granted sixty (60) days to serve defendant under Hague Convention. Docket No. 30. Service was accomplished (Docket No. 32) and an answer to the complaint was filed on October 7, 2009. Docket No. 33.

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