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Gore v. Stryker Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 3, 2010

GLEN GORE, PLAINTIFF,
v.
STRYKER CORPORATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Joel H. Slomsky, J.

ORDER

AND NOW, this 3rd day of August 2010, upon consideration of Defendants Stryker Corporation, Stryker Instruments, and Stryker Sales Corporation's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(3) and (6), or, in the Alternative, to Transfer Venue to the United States District Court for the Southern District of Indiana (Doc. No. 10), Plaintiffs' Response in Opposition to the Motion (Doc. No. 16), Defendants' Reply in Support of the Motion (Doc. No. 17), argument made at the hearing held on May 26, 2010, and after a complete and independent review of Plaintiffs' Complaint (Doc. No. 1) and Amended Complaint (Doc. No. 24), and for the reasons set forth in the Court's August 3, 2010 Opinion, it is ORDERED that Defendants' Motion to Dismiss (Doc. No. 10) is GRANTED IN PART and DENIED IN PART as follows:

1. Defendants' Motion to Transfer is GRANTED.

2. Defendants' Motion to Dismiss is DENIED.

3. The case shall be TRANSFERRED to the United States District Court for the Southern District of Indiana and the Clerk of Court is ORDERED to make the transfer.

4. Defendants' Motion to Dismiss is denied without prejudice. The Motion to Dismiss should be timely refiled in the United States District Court for the Southern District of Indiana in accordance with the rules of that court.

20100803

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