Daley et al v. Portland Orthopaedics Limited et al

Filing 147

ORDER signed by Judge J P Stadtmueller on 12/3/2018 ADOPTING 145 the Parties' 11/15/2018 Stipulation of Dismissal and DISMISSING all of Plaintiffs' claims against Defendant Orchid Orthopedic Solutions LLC with prejudice and without costs. 34 The Court's 3/1/2018 Order is AMENDED accordingly. See Order. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
GUY D. DALEY, STARLYNN DALEY,
DANA HEAL, SHARON HEAL, ROBERT
NIELSEN, and DEBRA NIELSEN,
Plaintiffs,

Case No. 17-CV-1315-JPS

and
MEDICARE, WISCONSIN PIPE TRADES
HEALTH FUND, UNITED HEALTH CARE
CONTINENTAL, and WEA TRUST

ORDER

Involuntary Plaintiffs,
v.
PORTLAND ORTHOPAEDICS LIMITED,
PORTLAND ORTHOPAEDICS INC.,
SYMMETRY MEDICAL INC., MIPRO
ORTHO PTE LTD, METALICITY LIMITED,
PLUS ORTHOPAEDICS INC., PLUS
ORTHOPAEDIC HOLDING AG, SMITH &
NEPHEW INC., SMITH & NEPHEW PLC,
ORCHID ORTHOPEDIC SOLUTIONS
LLC, MAXX HEALTH INC., MAXX
ORTHOPEDICS INC., MIPRO US INC.,
PLUS ORTHOPAEDICS LLC, and JOHN
DOE CORPORATIONS 1-50,
Defendants.

On March 1, 2018, pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(ii), this Court adopted a stipulation of dismissal as to Defendant
Orchid Orthopedic Solutions, LLC (“Orchid”) (Docket #32), and dismissed
without prejudice all of Plaintiffs’ claims against Orchid, with each party to
bear its own costs (Docket #34).

On November 15, 2018, Plaintiffs Guy D. Daley, Starlynn Daley,
Dana Heal, Sharon Heal, Robert Nielsen, and Debra Nielsen entered into a
new stipulation of dismissal as to Orchid, this time with prejudice. (Docket
#145).
Accordingly,
IT IS ORDERED that the Court’s March 1, 2018 order dismissing
Defendant Orchid Orthopedic Solutions, LLC without prejudice (Docket
#34) be and the same is hereby AMENDED as provided herein; and
IT IS FURTHER ORDERED that the parties’ stipulation of dismissal
as to Defendant Orchid Orthopedic Solutions, LLC (Docket #145) be and the
same is hereby ADOPTED; all of Plaintiffs’ claims against Orchid
Orthopedic Solutions, LLC be and the same are hereby DISMISSED with
prejudice, each party to bear its own costs.
Dated at Milwaukee, Wisconsin, this 3rd day of December, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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