Opinion
Civil Action No. 6:16-cv-00192
10-27-2016
Landry, et al v. NuVasive Inc., et al
Magistrate Judge Carol B. Whitehurst JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge filed previously herein, noting the absence objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
IT IS ORDERED that Plaintiffs' oral motion to amend is GRANTED.
IT IS FURTHERED ORDERED that NuVasive Inc.'s Motion To Dismiss is GRANTED IN PART and Plaintiffs' Claims (3) and (4) are DISMISSED WITH PREJUDICE, and DENIED IN PART WITHOUT PREJUDICE as to Plaintiffs' Claims (1) and (2), to the right of NuVasive to re-urge the Motion, if appropriate.
IT IS FURTHERED ORDERED that not later than twenty-one (21) days from the date of the entry of this Judgment, Plaintiffs shall file their amended Complaint.
THUS DONE AND SIGNED in Lafayette, Louisiana, on this 27 day of October, 2016.
/s/_________
Rebecca F. Doherty
United States District Judge