Layman et al v. Medtronic, Inc.

Filing 8

REPORT AND RECOMMENDATION re 6 Order to Show Cause, that: Plaintiff's claim against Defendant Medtronic, Inc., should be dismissed without prejudice. Signed by Magistrate Judge Arthur J. Boylan on 6/15/09. (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: Carlile v. Medtronic, Inc., 0:07-cv-3899 Plaintiff, Kenneth Carlile, filed a claim against Defendant in the District of Minnesota on September 6, 2007. This case was joined with the above-referenced MDL. Since that time, the MDL has been dissolved due to settlement. Plaintiffs did not participate in the settlement. Thereafter, on May 21, 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. Plaintiff's agreed to dismiss their claim without Prejudice. Accordingly, IT IS HEREBY RECOMMENDED that: Plaintiff's claim against Defendant Medtronic, Inc., should be dismissed without prejudice. Dated: June 15, 2009 ___s/ Arthur J. Boylan________________ Arthur J. Boylan United States Magistrate Judge MDL NO. 05-1726 (JMR/AJB) REPORT RECOMMENDING DISMISSAL WITHOUT PREJUDICE 13234

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