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05-4001 - Olivier v. Advanced Sterilization Products Services, Inc. et al


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05-4001 - Olivier v. Advanced Sterilization Products Services, Inc. et al
June 11, 2008
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REPORT AND RECOMMENDATION RE:22 MOTION for Summary Judgment filed by Defendants. Plaintiff Dwight Olivier brings this products liability suit against defendants Advanced Sterilization Products, Inc., Ethicon, Inc., and Johnson & Johnson Company, claiming that exposure to Cidexplus 28 Day Solution (Cidexplus), a cold sterilization agent manufactured by ASP and employing glutaraldehyde as its active ingredient, caused him to develop interstitial lung disease. His complaint asserts claims on the bases of strict liability, misrepresentation, breach of express warranty, breach of implied warranty, negligence, and fraud. He also seeks punitive damages. Defendants now move pursuant to Federal Rule of Civil Procedure 56(c) for summary judgment against plaintiff. By order dated December 12, 2007, the Honorable Sandra J. Feuerstein, United States District Judge, referred this motion to me for a report and recommendation. Briefing was completed on December 7, 2007, and I heard oral argument on February 26, 2008. For the reasons stated in the attached Report and Recommendation, I respectfully recommend that defendants motion for summary judgment be granted with respect to all of plaintiffs claims and this case be dismissed with prejudice. Objections to this report and recommendation must be filed within ten (10) business days, with courtesy copies to Judge Feuerstein and the undersigned, in order to preserve appellate review. Ordered by Magistrate Judge Robert M. Levy on 6/11/08. See attached Report & Recommendation.(Marino, Janine)
July 1, 2008
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ORDER re 22 and 30 : Neither party has filed any objections to Magistrate Judge Levy's Report. Upon review, the Court is satisfied that the Report is not facially erroneous. Accordingly, the Court accepts and adopts Magistrate Judge Levy's Report as an Order of the Court. Defendants' motion for summary judgement is granted and the complaint is dismissed in its entirety with prejudice. Ordered by Judge Sandra J. Feuerstein on 7/1/08. (Major, Jasmine)