Opinion
22-5573 (SDW)(MAH)
01-24-2023
MARIA GUTIERREZ, individually and as Administratix ad Prosequendum of the Estate of Hector Garcia Nunez, Plaintiff, v. MEDTRONIC PLC, et al., Defendants.
NOT FOR PUBLICATION
ORDER
SUSAN D. WIGENTON, U.S.D.J..
Before this Court is the Report and Recommendation (“R&R”) entered on January 5, 2023, by Magistrate Judge Michael A. Hammer (“Judge Hammer”), (D.E. 26), recommending that this Court grant Covidien LP's Motion to Dismiss, (D.E. 10), for insufficient service of process, and recommending that this Court grant Medtronic PLC's Motion to Dismiss, (D.E. 11), for ineffective service of process and for lack of personal jurisdiction. This Court has reviewed the reasons set forth by Judge Hammer in the R&R. Based on the foregoing, and for good cause shown, it is hereby
The parties did not file objections to the R&R.
ORDERED that the R&R of Judge Hammer, (D.E. 26), is ADOPTED as the conclusions of law of this Court and this matter is hereby DISMISSED against Covidien LP for insufficient process, without prejudice to plaintiff provided Plaintiff effects proper service on Covidien LP within thirty days; and
ORDERED that the R&R of Judge Hammer, (D.E. 26), is ADOPTED as the conclusions of law of this Court and this matter is hereby DISMISSED against Medtronic PLC for insufficient service and for lack of personal jurisdiction.
SO ORDERED.