Filed: Feb. 17, 2020
Latest Update: Feb. 17, 2020
Summary: ORDER ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. 26) TIMOTHY M. BURGESS , District Judge . The matter comes before the Court on a Motion for Partial Summary Judgment (the "Motion") filed by Defendants Ethicon, Inc. and Johnson & Johnson. 1 The Motion has been fully briefed and is ready for decision without oral argument. 2 Based on the Parties' Joint Status Report, filed on February 3, 2020, the Motion is GRANTED. Prior to its transfer to this Court, this action was conso
Summary: ORDER ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. 26) TIMOTHY M. BURGESS , District Judge . The matter comes before the Court on a Motion for Partial Summary Judgment (the "Motion") filed by Defendants Ethicon, Inc. and Johnson & Johnson. 1 The Motion has been fully briefed and is ready for decision without oral argument. 2 Based on the Parties' Joint Status Report, filed on February 3, 2020, the Motion is GRANTED. Prior to its transfer to this Court, this action was consol..
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ORDER ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. 26)
TIMOTHY M. BURGESS, District Judge.
The matter comes before the Court on a Motion for Partial Summary Judgment (the "Motion") filed by Defendants Ethicon, Inc. and Johnson & Johnson.1 The Motion has been fully briefed and is ready for decision without oral argument.2 Based on the Parties' Joint Status Report, filed on February 3, 2020, the Motion is GRANTED.
Prior to its transfer to this Court, this action was consolidated with other cases for pretrial proceedings in the Southern District of West Virginia pursuant to 28 U.S.C. § 1407 . On October 17, 2018, Defendants filed the Motion, which argues that judgment should be entered on the following claims alleged in Plaintiff Barbara Burton's Amended Short Form Complaint:
1. Count II 2012 Strict Liability 2012 Manufacturing Defect;
2. Count III 2012 Strict Liability 2012 Failure to Warn;
3. Count IV 2012 Strict Liability 2012 Defective Product;
4. Count VIII 2012 Constructive Fraud;
5. Counts XI and XII 2012 Breach of Implied Warranty;
6. Count XIII 2012 Violation of Consumer Protection Laws; and
7. Count XV 2012 Unjust Enrichment.3
On October 26, 2018, Plaintiff filed an Opposition to Defendant's Motion for Summary Judgment ("Opposition").4 The Opposition states that Plaintiff will not be pursuing those claims at trial.5 Plaintiff intends to pursue the remaining claims, against which Defendants have not moved for summary judgment.6
After the case was transferred, this Court issued an Order directing the Parties to file a joint status report addressing whether the issues raised by the Motion have been resolved.7 The Parties filed their Joint Status Report on February 3, 2020 and confirmed the Motion "should be granted as Plaintiff has abandoned the claims that were the subject of Ethicon's Partial Motion for Summary Judgment."8 Accordingly, for the foregoing reasons and based on the Parties' joint recommendation, the Defendants' Motion at docket 26 is GRANTED.
IT IS SO ORDERED.
