Webb v. Zimmer, Inc. et al
| Elizabeth Webb |
| Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc. and Zimmer, Inc. |
| 2:2014cv01106 |
| February 20, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Arthur D. Spatt |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
110
MEMORANDUM OF DECISION & ORDER: For the reasons set forth above, the Defendants' 93 motion to strike the Unis Affidavit is granted. Paragraphs seven through 12 of the Unis Affidavit are stricken from the record and Dr. Unis is prohibited f rom testifying as an expert in those matters. Further, the Defendants' 97 motion for summary judgment pursuant to Rule 56 dismissing all of the Plaintiff's claims is granted. The Clerk of the Court is respectfully directed to close the case. So Ordered by Judge Arthur D. Spatt on 2/4/2019. (Coleman, Laurie)
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Filing
90
MEMORANDUM OF DECISION & ORDER denying 61 Motion for Summary Judgment; granting 80 Motion to Strike. For the reasons set forth above, the Defendants' motion to strike is granted to the following extent: (1) the Defendants are permitted to re-depose Dr. Unis; (2) Silverson Pareres & Lombardi is ordered to pay the Defendants' attorneys fees associated with the renewed deposition of Dr. Unis; and (3) Silverson Pareres & Lombardi is further ordered to pay the Defendants reasonable attorney's fees that the Defendants incurred in bringing this motion to strike. The Defendants motion for summary judgment pursuant to Rule 56 dismissing all of the Plaintiffs claims is denied without prejudice and may be renewed at the close o f the additional discovery period in conformance with this Court's Individual Rules. Discovery is re-opened for the sole purpose of re-deposing Dr. Unis. The Court respectfully refers this matter to United States Magistrate Judge Gary R. Brown to set an expedited discovery schedule. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 2/12/2018. (Coleman, Laurie)
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