Henry v. Smith & Nephew, Inc.
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 6/17/2011 ORDERING 10 pltf's Eighth Cause of Action for Punitive Damages in his product liability lawsuit is hereby STRICKEN, without prejudice, including but not limited to Paragraphs 65 t hrough 68 of the Complaint and the Prayer for Relief, Paragraph 6, page 14, Line 13 of the Complaint; pltf's Ninth Cause of Action for Fraud is hereby STRICKEN, without prejudice, including but not limited to Paragraphs 69 through 76 of the Complaint. (Reader, L)
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John W. Shaw, SBN: 82802
Holiday D. Powell, SBN: 245135
MORRIS POLICH & PURDY LLP
1055 West Seventh Street, 24th Floor
Los Angeles, California 90017
Telephone:
(213) 891-9100
Facsimile:
(213) 488-1178
Attorneys for Defendants,
SMITH & NEPHEW, INC.
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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LOREN HENRY,
Plaintiff,
Case No. 2:11-CV-01014-KJM-CMK
Complaint Filed: March 14, 2011
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vs.
SMITH & NEPHEW, INC.
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Defendants.
STIPULATION TO STRIKE
PLAINTIFF’S EIGHTH AND
NINTH CAUSE OF ACTION FOR
FRAUD AND PUNITIVE
DAMAGES AND ORDER
THEREON
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TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF
RECORD:
COMES NOW Defendant Smith & Nephew, Inc. and Plaintiff Loren Henry
and for good consideration stipulate as follows:
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Plaintiff’s Eighth Cause of Action for Punitive Damages in his product
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liability lawsuit is hereby stricken, without prejudice, including but not limited to
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Paragraphs 65 through 68 of the Complaint and the Prayer for Relief, Paragraph 6,
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page 14, Line 13 of the Complaint.
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{*}11cv1014.o.0617.DOC
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STIPULATION TO STRIKE PLAINTIFF’S EIGHTH AND NINTH CAUSE OF ACTION FOR FRAUD
AND PUNITIVE DAMAGES AND ORDER THEREON
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2.
Plaintiff’s Ninth Cause of Action for Fraud is hereby stricken, without
prejudice, including but not limited to Paragraphs 69 through 76 of the Complaint.
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Dated: June 6, 2011
MORRIS POLICH & PURDY LLP
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By: /s/ John W. Shaw
John W. Shaw
Holiday D. Powell
Attorneys for Defendants,
SMITH & NEPHEW, INC
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Dated: June 1, 2011
ALTEMUS & WAGNER
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By: /s/ Stewart C. Altemus (as authorized
on June 1, 2011
Stewart C. Altemus, Esq.
Attorney for Plaintiff,
LOREN HENRY
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IT IS SO ORDERED.
Dated: June 17, 2011.
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UNITED STATES DISTRICT JUDGE
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{*}11cv1014.o.0617.DOC
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STIPULATION TO STRIKE PLAINTIFF’S EIGHTH AND NINTH CAUSE OF ACTION FOR FRAUD
AND PUNITIVE DAMAGES AND ORDER THEREON
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