Centers et al v. Medtronic, Inc.
Filing
9
REPORT AND RECOMMENDATION that: Plaintiffs claim against Defendant Medtronic, Inc., should be dismissed without prejudice. Signed by Magistrate Judge Arthur J. Boylan on 6/2/09. (jam)
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA IN RE MEDTRONIC, INC. IMPLANTABLE DEFIBRILLATORS PRODUCTS LIABILITY LITIGATION This documents relates to: Centers et al. v. Medtronic, Inc., 0:07-cv00569 MDL NO. 05-1726 (JMR/AJB) REPORT RECOMMENDING DISMISSAL WITHOUT PREJUDICE
Plaintiffs, Kenneth and Lillie Centers, filed a claim against Defendant in the District of Minnesota on January 29, 2007. This case was joined with the abovereferenced MDL. Since that time, the MDL has been dissolved due to settlement. Plaintiffs did not participate in the settlement. On April 8, 2009, Plaintiffs' attorneys filed a motion to withdraw as counsel citing a breakdown in the attorney-client relationship. On May 7, 2009, this Court entered an Order to Show Cause why this Case Should Not be Dismissed requesting response from Plaintiffs Centers with fifteen (15) days. Plaintiffs failed to respond. Accordingly, IT IS HEREBY RECOMMENDED that: Plaintiffs claim against Defendant Medtronic, Inc., should be dismissed without prejudice.
Dated: June 2, 2009
__s/ Arthur J. Boylan_________________ Arthur J. Boylan United States Magistrate Judge
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