# JACKSON v. HOWMEDICA OSTEONICS CORPORATION > District Court, D. New Jersey · July 20, 2020 URL: https://www.frixlaw.com/law-library/cases/10654857 ## Case - **Court:** District Court, D. New Jersey - **Decided:** July 20, 2020 - **Opinion:** 100trialcourt - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10654857 ## Opinion text Not for Publication UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ROBERTA JACKSON, Plaintiff, Civil Action No. 19-18667 v. (JMV) (JBC) HOWMEDICA OSTEONICS ORDER CORPORATION,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. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10654857. Public record. Not legal advice.