Opinion
Civil Action No. 19-18667 (JMV) (JBC) Civil Action No. 19-15040 (JMV) (JBC) Civil Action No. 19-15078 (JMV) (JBC) Civil Action No. 19-15085 (JMV) (JBC) Civil Action No. 19-15111 (JMV) (JBC) Civil Action No. 19-15137 (JMV) (JBC) Civil Action No. 19-15147 (JMV) (JBC) Civil Action No. 19-15152 (JMV) (JBC) Civil Action No. 19-17984 (JMV) (JBC) Civil Action No. 19-17986 (JMV) (JBC) Civil Action No. 19-18665 (JMV) (JBC) Civil Action No. 19-19304 (JMV) (JBC) Civil Action No. 20-549 (JMV) (JBC) Civil Action No. 20-704 (JMV) (JBC)
07-20-2020
ROBERTA JACKSON, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. KIMBERLY FUSCO and JOHN FUSCO, Plaintiffs, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. WILLIAM M. JOHNSON, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. GERALDINE WYCHE, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. KATHLEEN SHAFER-JONES and GREGORY JONES, Plaintiffs, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. JANICE MCCRACKEN, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. JEFFREY D'ALESSANDRO and JENNIFER D'ALESSANDRO, Plaintiffs, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. DARCY WOLFE, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. JAMES BROWN and TERRI BROWN, Plaintiffs, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. SHIRLEY WARD, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. DIANE GORMAN, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. COLLEEN KENNEDY, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. DEBRA WYGLE and WILLIAM WYGLE, Plaintiffs, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants. COLE BRANCATI, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, et al., Defendants.
Not for Publication ORDER John Michael Vazquez , U.S.D.J.
This matter comes before the Court on the June 15, 2020 Report and Recommendation (the "R&R") of Magistrate Judge James B. Clark, III. Civil Action No. 19-18667, D.E. 13. The R&R addressed Plaintiff Roberta Jackson's motion to remand this matter to the Superior Court of New Jersey, Civil Action No. 19-18667, D.E. 5, and recommends that this Court grant the motion; and it
APPEARING that "the parties conferred and agreed that the most efficient manner for the Court to address the pending motions [in the above-docketed cases] would be to select one case that encompassed the various issues raised and to apply the final decision in that case to the remaining motions." See R&R at 3. The parties agreed that a decision in Jackson v. Howmedica Osteonics Corporation, Civil Action No. 19-18667, would sufficiently address the issues raised in the above-docketed cases. Id.; and it
APPEARING that the parties were advised as to the dates that any objections to this R&R were to be served and filed. See R&R at 12; and it
APPEARING that no objections to the R&R have been received and the time for filing any objections has expired; and it
APPEARING that "where no objections are made in regard to a report or parts thereof, the district court will adopt the report and accept the recommendation if it is 'satisf[ied] . . . that there is no clear error on the face of the record.'" Sportscare of Am., P.C. v. Multiplan, Inc., No. 10-4414, 2011 WL 500195, at *1 (D.N.J. Feb. 10, 2011) (quoting Fed. R. Civ. P. 72 Advisory Committee's Notes); and it
APPEARING that this Court independently reviewed the record and the R&R, and hereby adopts it as the Opinion of this Court.
THEREFORE, for the foregoing reasons, and for good cause shown,
IT IS on this 20th day of July, 2020,
ORDERED that the Court adopts the Report and Recommendation, Civil Action No. 19-18667, D.E. 13, in its entirety, and Plaintiff's motion to remand, D.E. 5, is granted; and it is further
ORDERED that pursuant to the parties' agreement that the final decision in Civil Action No. 19-18667 would apply to the remaining cases, Plaintiffs' motions to remand in all of the above-docketed cases are granted; and it is further
Plaintiffs' motion, D.E. 5, is granted in Fusco, et al. v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15040; Plaintiff's motion, D.E.5, is granted in Johnson v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15078; Plaintiff's motion, D.E. 5, is granted in Wyche v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15085; Plaintiffs' motion, D.E. 5, is granted in Shafer-Jones, et al. v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15111; Plaintiff's motion, D.E. 5, is granted in McCracken. v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15137; Plaintiffs' motion, D.E. 5, is granted in D'Alessandro v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15147; Plaintiff's motion, D.E. 5, is granted in Wolfe v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15152; Plaintiffs' motion, D.E. 6, is granted in Brown, et al. v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-17984; Plaintiff's motion, D.E. 6, is granted in Ward v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-17986; Plaintiff's motion, D.E. 6, is granted in Gorman v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-18665; Plaintiff's motion, D.E. 6, is granted in Kennedy v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-19304; Plaintiffs' motion, D.E. 2, is granted in Wygle, et al. v. Howmedica Osteonics Corporation, et al., Civil Action No. 20-549; and Plaintiff's motion, D.E. 2, is granted in Brancati v. Howmedica Osteonics Corporation, et al., Civil Action No. 20-704. --------
ORDERED that all of the above-docketed matters are hereby remanded to the Superior Court of New Jersey, Law Division, Bergen County; and it is further
ORDERED that the Clerk's Office shall close all of the above-docketed matters.
/s/_________
John Michael Vazquez, U.S.D.J.