Tabbert v. Howmedica Ostenonics Corp d/b/a Stryker Howmedica Osteonics

Filing 380

ORDER DISMISSING CASE granting 379 Motion to Dismiss Signed by Judge Salvador Mendoza, Jr. (JW, ECF Admin)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Feb 02, 2018

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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THOMAS TABBERT,

No. 2:15-CV-00039-SMJ

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Plaintiff,
ORDER DISMISSING CASE

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v.
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HOWMEDICA OSTEONICS
CORPORATION d/b/a STRYKER
HOWMEDICA OSTEONICS, a New
Jersey corporation,
Defendant.
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HOWMEDICA OSTEONICS
CORPORATION,

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Third-Party Plaintiff,
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v.
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MICROPORT ORTHOPEDICS, INC.,
and ROCKY MOUNTAIN MEDICAL
DISTRIBUTORS, INC.,

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Third-Party Defendants.
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On January 31, 2018, the parties filed a stipulated motion to dismiss, ECF

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No. 379.

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Procedure 41 and Local Rule 41.1, and stipulation of all parties, the parties moved

ORDER - 1

Consistent with the parties’ agreement and Federal Rule of Civil

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for an order dismissing all claims, all counterclaims and all third-party claims.

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Third-Party defendants MicroPort Orthopedics, Inc. and Rocky Mountain Medical

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Distributors, Inc. filed a notice of settlement. ECF No. 348. Plaintiff Tabbert and

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Defendant Howmedica Osteonics, Corporation filed a notice of settlement. ECF

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No. 373.

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IT IS HEREBY ORDERED:

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1.

GRANTED.

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The parties’ Stipulated Motion to Dismiss, ECF No. 379, is

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All claims are DISMISSED WITH PREJUDICE, with all parties
to bear their own costs and attorneys’ fees.

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3.

All pending motions are DENIED AS MOOT.

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4.

All hearings and other deadlines are STRICKEN.

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5.

The Clerk’s Office is directed to CLOSE this file.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order

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and provide copies to all counsel.
DATED this 2nd day of February 2018.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER - 2