The opinion
Not for Publication
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ROBERTA JACKSON,
Plaintiff,
Civil Action No. 19-18667
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
KIMBERLY FUSCO and JOHN FUSCO,
Plaintiffs,
Civil Action No. 19-15040
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
WILLIAM M. JOHNSON,
Plaintiff,
Civil Action No. 19-15078
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
GERALDINE WYCHE,
Plaintiff,
Civil Action No. 19-15085
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
KATHLEEN SHAFER-JONES and
GREGORY JONES,
Plaintiffs, Civil Action No. 19-15111
(JMV) (JBC)
v.
ORDER
HOWMEDICA OSTEONICS
CORPORATION, et al.,
Defendants.
JANICE MCCRACKEN,
Plaintiff,
Civil Action No. 19-15137
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
JEFFREY D’ALESSANDRO and
JENNIFER D’ALESSANDRO,
Plaintiffs, Civil Action No. 19-15147
(JMV) (JBC)
v.
ORDER
HOWMEDICA OSTEONICS
CORPORATION, et al.,
Defendants.
DARCY WOLFE,
Plaintiff,
Civil Action No. 19-15152
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
JAMES BROWN and TERRI BROWN,
Plaintiffs,
Civil Action No. 19-17984
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
SHIRLEY WARD,
Plaintiff,
Civil Action No. 19-17986
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
DIANE GORMAN,
Plaintiff,
Civil Action No. 19-18665
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
COLLEEN KENNEDY,
Plaintiff,
Civil Action No. 19-19304
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
DEBRA WYGLE and WILLIAM WYGLE,
Plaintiffs,
Civil Action No. 20-549
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
COLE BRANCATI,
Plaintiff,
Civil Action No. 20-704
v. (JMV) (JBC)
HOWMEDICA OSTEONICS ORDER
CORPORATION, et al.,
Defendants.
John Michael Vazquez, U.S.D.J.
This matter comes before the Court on the June 15, 2020 Report and Recommendation
(the “R&R”) of Magistrate Judge James B. Clark, III. Civil Action No. 19-18667, D.E. 13. The
R&R addressed Plaintiff Roberta Jackson’s motion to remand this matter to the Superior Court of
New Jersey, Civil Action No. 19-18667, D.E. 5, and recommends that this Court grant the motion;
and it
APPEARING that “the parties conferred and agreed that the most efficient manner for the
Court to address the pending motions [in the above-docketed cases] would be to select one case
that encompassed the various issues raised and to apply the final decision in that case to the
remaining motions.” See R&R at 3. The parties agreed that a decision in Jackson v. Howmedica
Osteonics Corporation, Civil Action No. 19-18667, would sufficiently address the issues raised in
the above-docketed cases. Id.; and it
APPEARING that the parties were advised as to the dates that any objections to this R&R
were to be served and filed. See R&R at 12; and it
APPEARING that no objections to the R&R have been received and the time for filing
any objections has expired; and it
APPEARING that “where no objections are made in regard to a report or parts thereof,
the district court will adopt the report and accept the recommendation if it is ‘satisf[ied] . . . that
there is no clear error on the face of the record.’” Sportscare of Am., P.C. v. Multiplan, Inc., No.
10-4414, 2011 WL 500195, at *1 (D.N.J. Feb. 10, 2011) (quoting Fed. R. Civ. P. 72 Advisory
Committee's Notes); and it
APPEARING that this Court independently reviewed the record and the R&R, and hereby
adopts it as the Opinion of this Court.
THEREFORE, for the foregoing reasons, and for good cause shown,
IT IS on this _2_0_t_h day of July, 2020,
ORDERED that the Court adopts the Report and Recommendation, Civil Action No. 19-
18667, D.E. 13, in its entirety, and Plaintiff’s motion to remand, D.E. 5, is granted; and it is further
ORDERED that pursuant to the parties’ agreement that the final decision in Civil Action
No. 19-18667 would apply to the remaining cases, Plaintiffs’ motions to remand in all of the above-
docketed cases are granted;1 and it is further
1 Plaintiffs’ motion, D.E. 5, is granted in Fusco, et al. v. Howmedica Osteonics Corporation, et
al., Civil Action No. 19-15040; Plaintiff’s motion, D.E.5, is granted in Johnson v. Howmedica
Osteonics Corporation, et al., Civil Action No. 19-15078; Plaintiff’s motion, D.E. 5, is granted in
Wyche v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15085; Plaintiffs’ motion,
D.E. 5, is granted in Shafer-Jones, et al. v. Howmedica Osteonics Corporation, et al., Civil Action
ORDERED that all of the above-docketed matters are hereby remanded to the Superior
Court of New Jersey, Law Division, Bergen County; and it is further
ORDERED that the Clerk’s Office shall close all of the above-docketed matters.
A—e WOO NV - \
John\Michael Vazquez, U.S.D‘J. U
No. 19-15111; Plaintiff's motion, D.E. 5, is granted in McCracken. v. Howmedica Osteonics
Corporation, et al., Civil Action No. 19-15137; Plaintiffs’ motion, D.E. 5, is granted in
D’Alessandro v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-15147; Plaintiff s
motion, D.E. 5, is granted in Wolfe v. Howmedica Osteonics Corporation, et al., Civil Action No.
19-15152; Plaintiffs’ motion, D.E. 6, is granted in Brown, et al. v. Howmedica Osteonics
Corporation, et al., Civil Action No. 19-17984; Plaintiff’s motion, D.E. 6, is granted in Ward vy.
Howmedica Osteonics Corporation, et al., Civil Action No. 19-17986; Plaintiff's motion, D.E. 6,
is granted in Gorman v. Howmedica Osteonics Corporation, et al., Civil Action No. 19-18665;
Plaintiff’ s motion, D.E. 6, is granted in Kennedy v. Howmedica Osteonics Corporation, et al., Civil
Action No. 19-19304; Plaintiffs’ motion, D.E. 2, is granted in Wygle, et al. v. Howmedica
Osteonics Corporation, et al., Civil Action No. 20-549; and Plaintiff's motion, D.E. 2, is granted
in Brancati v. Howmedica Osteonics Corporation, et al., Civil Action No. 20-704.