Opinion
Civil Action No. 11-cv-01052-PAB-KLM.
June 22, 2011
ORDER
This matter is before the Court on the parties' Stipulation of Dismissal with Prejudice [Docket No. 20]. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties stipulate to the dismissal of defendants "Ethicon Women's Health Urology Division of Ethicon, Inc. (erroneously sued as Gynecare, Inc.), Ethicon Inc., and Johnson Johnsons[] only, with prejudice." Docket No. 20 at 1 (emphasis added). Upon dismissal of those parties, the unidentified "Doe Manufacturers one through one hundred" will be the only remaining defendants.
In light of the foregoing, it is
ORDERED that, pursuant to the parties' stipulation [Docket No. 20], defendants Gynecare, Inc., Ethicon, Inc., and Johnson Johnson are dismissed from this action with prejudice. It is further ORDERED that, on or before 5:00 p.m. on Tuesday, June 28, 2011, plaintiff shall show cause why this action should not be dismissed without prejudice as to the remaining unidentified defendants for lack of subject matter jurisdiction, see 28 U.S.C. § 1332, and for failure to comply with Federal Rule of Civil Procedure 4(m).