Ezell v. Medtronic PLC

Full title: WILEY EZELL, ET AL. v. MEDTRONIC PLC, ET AL.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

Date published: Feb 28, 2018

CIVIL ACTION NO. 17-00796 (W.D. La. Feb. 28, 2018)

Opinion

CIVIL ACTION NO. 17-00796

02-28-2018

WILEY EZELL, ET AL. v. MEDTRONIC PLC, ET AL.

JUDGE ROBERT G. JAMES

MAG. JUDGE JOSEPH PEREZ-MONTES

JUDGMENT

For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and noting the absence of objections to the Report and Recommendation in the record, and concurring with the Magistrate Judge's findings under the applicable law,

IT IS ORDERED that Plaintiffs' Motion for Leave to File Amended and Supplemental Petition [Doc. No. 12] is GRANTED. Medtronic Vascular Galway (Unlimited Company) is added as a Defendant in this matter.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant Medtronic plc's Motion to Dismiss for Lack of Jurisdiction [Doc. No. 10] is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to Defendant Medtronic plc, and Plaintiffs' claims against this Defendant are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction. To the extent that Medtronic plc sought dismissal of claims of the now-named Defendant Medtronic Vascular Galway (Unlimited Company), the motion is DENIED. ¹

1 It is not clear that Defendants move for the dismissal of claims against Medtronic Vascular Galway (Unlimited Company), but out of an abundance of caution, the Court clarifies that it is dismissing the claims against Medtronic plc only. --------

MONROE, LOUISIANA, this 28^th day of February, 2018.

/s/ _________

ROBERT G. JAMES

UNITED STATES DISTRICT JUDGE