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17-076 - Samworth, on behalf of natural minor child v. Cochlear Americas Corporation et al


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17-076 - Samworth, on behalf of natural minor child v. Cochlear Americas Corporation et al
April 7, 2017
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ORDER - Service within 90 days of filing: This action was filed February 27, 2017 as of the date of this Order, Plaintiff has filed neither a waiver of service nor proof of service on Defendant, Cochlear Limited. Plaintiff is reminded that Fed. R. Civ. P. 4(m) requires the Court to dismiss an action in which service is not made withfo 90 days of filing the Complaint. Plaintiffs time for filing proof of service or waiver expires May 28, 2017. Unless proof of service is filed by that date, the Court will dismiss the Defendant from this action for Jack of service of process. Signed by Judge Walter H. Rice on 4/7/2017. (srb)
May 23, 2017
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ORDER granting 18 Motion to Stay - The parties are ordered to submit a status report to the Court no later than August 10, 2017. Signed by Judge Walter H. Rice on 5/23/2017. (pb)
September 29, 2017
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ORDER OF DISMISSAL; TERMINATION ENTRY- The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any of the parties may, upon good cause shown within 60 days, reopen the action ifsettlement is not consummated. Parties intending to preserve this Court's jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of America, 114 S.Ct. 1673 (1994), and incorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the te1ms of the settlement between the parties, if necessary. Signed by Judge Walter H. Rice on 9/29/17. (kma)