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Personal Inj. Prod. Liability | New York Southern
Stipulation and Order
STIPULATION TO DISMISS CERTAIN CAUSES OF ACTION: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, through their respective counsel, that Plaintiffs' causes of action for Negligence Per Se (Count II); Breach of Express Warranty (Count VI); Breach of Warranty as to Merchantability (Count VII); Breach of Implied Warranties (Count VIII); Violation of Consumer Protection Laws (Count IX), Negligent Misrepresentation (Count X); Fraudulent Concealment (Count XI); and Unjust Enrichment (Count XII) shall be dismissed with prejudice with each party to bear its own attorney fees and costs. The remaining causes of action in the Short Form Complaint are: Negligence (Count I);Strict Products Liability - Defective Design (Count III); Strict Products Liability - ManufacturingDefect (Count IV); and Strict Products Liability - Failure to Warn (Count V). For the sake ofclarity, this Stipulation does not dismiss Plaintiffs' request for punitive damages for theirremaining claims. By agreeing to this Stipulation, Plaintiffs are not waiving their right to pursuethese remaining causes of action as well as punitive damages against Zimmer. The Clerk of Court is directed to docket this endorsement in 18-MD-2859 and 18-CV-10188. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/2/2026) Filed In Associated Cases: 1:18-md-02859-JMF, 1:18-cv-10188-JMF (jjc)
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability | New York Eastern
Mediation Instructions
MEDIATION INSTRUCTIONS: Counsel should consult to select a mediator and schedule the initial mediation session by contacting their chosen mediator. Once scheduled, counsel must file their selection using the Selection Mediator Form. A list of EDNY Panel Mediators is available on the Court's website. EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(e)(3) available on the Court's website. **Please note mediator rates increased on 1/2/2026. Any mediation scheduled after 1/2/2026 is subject to the increased mediator rate.** Mediation is a confidential process. The Confidentiality Stipulation available on the Court's website must be signed at or before the initial mediation session by all participants and the mediator. This document is maintained by the mediator and parties and not the ADR Department. Upon completion of the mediation, both parties must submit a Mediation Report for the ADR Department due by to the ADR Department.Please consult Procedures of the Mediation Program for the Eastern District of New York for detailed information about mediation procedure and practice.Completion of Mediation due by 9/4/2026. (DS)
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