O'Neil v. Argon Medical Devices, Inc. et al
| Kevin O'Neil |
| Argon Medical Devices, Inc. and Rex Medical, L.P. |
| 3:2017cv00640 |
| June 15, 2017 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Broome |
| Therese Wiley Dancks |
| David N. Hurd |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1446 |
| Plaintiff |
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Filing
81
STIPULATION & ORDER DISMISSING CASE: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed without prejudice against Defendants ARGON MEDICAL DEVICES, INC. and REX MEDICAL L.P. ("Defendants") pursuant to the Federal Rules of Civil Procedure 4l(a)(l)(A)(ii), with each party to bear their own costs and fees, including all attorney fees. In entering into this Stipulation, Defendants do not waive any affirmative defenses, including but not limited to statute of limitations and statute of repose. Signed by Judge David N. Hurd on 4/26/2021. (jmb)
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Filing
65
DECISION & ORDER: It is Ordered that the # 64 Report and Recommendations is ACCEPTED IN WHOLE and further Ordered that 1. Defendants' # 50 Motion to Dismiss is GRANTED in part and DENIED in part; 2. Defendants' motion to dismiss is GRAN TED with respect to plaintiff's claims for failure to warn, breach of express warranty, breach of the implied warranty of fitness for a particular purpose, fraudulent misrepresentation, and negligent misrepresentation, and those claims are DISMI SSED WITH PREJUDICE; 3. Defendants' motion to dismiss is DENIED with respect to plaintiff's claims for negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability and request for punitive damage s; 4. Defendants' Rule 12(f) motion to strike is DENIED; 5. The following claims remain: negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability; and 6. Defendants are directed to answer the remaining claims in plaintiff's # 47 Second Amended Complaint within twenty (20) days of the date of this Decision and Order. Signed by Judge David N. Hurd on 3/6/2020. (jmb)
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Filing
25
MEMORANDUM-DECISION & ORDER: Denying the # 7 Motion to Dismiss and to Strike. The Defendants' are directed to file an answer on or before 4/9/2018. Signed by Judge David N. Hurd on 3/22/2018. (jmb)
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