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Troy M. Lindell and Mark Pope, On Behalf of Themselves and All Others Similarly Situated v. Synthes Usa

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


June 18, 2012

TROY M. LINDELL AND MARK POPE, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
SYNTHES USA, SYNTHES USA SALES LLC, SYNTHES SPINE COMPANY, LP,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER DISMISSING MARK POPE, WITH PREJUDICE, AS A PLAINTIFF AND AS A MEMBER OF THE PUTATIVE CLASS CASE NO. 11-CV-02053-LJO-BAM [PROPOSED] ORDER DISMISSING MARK POPE, WITH PREJUDICE

The Court having considered the parties' Stipulation to Dismiss Mark Pope, with Prejudice, as a Plaintiff and as a Member of the Putative Class,

IT IS HEREBY ORDERED, as follows:

1. Mark Pope shall be dismissed, with prejudice, as a plaintiff and as a member of the putative plaintiff class from this Action, and therefore, Mark Pope will not share in any recovery in this Action, if any;

2. Synthes' counterclaims against Mark Pope will be dismissed with prejudice, although Synthes' claim for Declaratory Relief against Plaintiff Lindell for unreimbursed business expenses will not be affected; and

3. Synthes will not seek any fees and/or costs against Mark Pope in connection with Mark Pope's bankruptcy proceedings or in this Action.

The clerk is directed not to close this action.

IT IS SO ORDERED.

20120618

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