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Foscue v. Zimmer, Inc.

United States District Court, Third Circuit

September 3, 2013

DAVID FOSCUE, et al., Plaintiffs,
v.
ZIMMER, INC., et al., Defendants. Master Docket No. 09-4414 MDL No. 2158

ORDER

SUSAN D. WIGENTON, District Judge.

Before this Court is the Report and Recommendation ("R&R") of Magistrate Judge Madeline Cox Arleo ("Magistrate Judge Arleo") regarding the matter of David Foscue, et al. ("Plaintiffs") versus defendants Zimmer, Inc., et al. filed March 26, 2013 recommending the following: 1) denying Plaintiffs' motion to remand this action to the state Circuit Court of Arkansas ("Motion to Remand"); 2) dismissing with prejudice the Amended Complaint against defendants Ervin Associates d/b/a as Zimmer Solutions, LLC; Arkansas Surgical Hospital, LLC; Dr. William Hefley; Jerry Conyer ("Conyer"); and Bowen Hefley Rhodes Stewart Orthopedics, P.A. d/b/a Martin Bowen Hefley Orthopedics Orthosurgeons.

This Court has reviewed the reasons set forth on the record by Judge Arleo, the R&R, and the record set forth on this matter. Based on the foregoing, and as set forth in this Court's Opinion dated September 3, 2013, it is hereby

ORDERED that the R&R of Magistrate Judge Arleo, filed on March 26, 2013 is ADOPTED as the conclusions of law of this Court.

Plaintiffs' Motion to Remand is DENIED and the Amended Complaint against defendants Ervin Associates d/b/a as Zimmer Solutions, LLC; Arkansas Surgical Hospital, LLC; Dr. William Hefley; Conyer; and Bowen Hefley Rhodes Stewart Orthopedics, P.A. d/b/a Martin Bowen Hefley Orthopedics Orthosurgeons are DISMISSED.

SO ORDERED.


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