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15-6129 - Bruno et al v. Zimmer, Inc. et al


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15-6129 - Bruno et al v. Zimmer, Inc. et al
August 26, 2016
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ORDER granting 31 Motion to Dismiss for Failure to State a Claim: Defendants' motion to dismiss is granted and Plaintiffs' fourth, fifth, sixth, seventh and ninth causes of action are dismissed. Plaintiffs are granted leave to move to amend their complaint a second time, which will be handled by the assigned Magistrate Judge, as set forth in the attached Memorandum and Order. So Ordered by Judge Leonard D. Wexler on 8/26/2016. (Minerva, Deanna)
February 1, 2018
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MEMORANDUM & ORDER: SO ORDERED that based on the foregoing, and having reviewed Defendants' objections and Plaintiffs' submission in response, Magistrate Judge Tomlinson's R&R dated August 11, 2017 is hereby adopted in its entirety. Plaintiffs' request to join Zimmer New England and Zimmer Downstate New York as additional Defendants to this action is granted. As the joinder of these additional Defendants destroys diversity jurisdiction, this action is hereby remanded to New York State court. In addition, as stated supra at footnote l, there being no opposition to Plaintiffs' request to withdraw Zimmer CEP USA Holding Co., that request is granted and Zimmer CEP USA Holding Co. is hereby terminated from this action. The Clerk of the Court is directed to enter judgment accordingly, to remand this action to the appropriate New York state court, and to mark this case closed. Ordered by Judge Leonard D. Wexler on 2/1/2018. (Florio, Lisa)