Opinion
2:21-cv-00635-MCE-DB
06-24-2021
SCHYERLE BEAL and KENNY BEAL, Plaintiffs, v. BOSTON SCIENTIFIC CORPORATION, AND DOES 1 TO 5, INCLUSIVE Defendant.
ORDER GRANTING STIPULATION OF VOLUNTARY PARTIAL DISMISSAL AND TO EXTEND TIME FOR DEFENDANT BOSTON SCIENTIFIC CORPORATION TO ANSWER REMAINING CLAIMS
MORRISON C. ENGLAND JUDGE.
The Parties' Stipulation of Voluntary Partial Dismissal and to Extend Time for Defendant Boston Scientific Corporation to Answer Remaining Claims was filed on June 17, 2021, in Courtroom 7 of the above-entitled Court, the Honorable Morrison C. England, Jr. presiding.
Having all the evidence submitted with the stipulation, the arguments of counsel, and all other matters presented to the Court, it is hereby ORDERED that:
1. Plaintiffs' entire Third Cause of Action, for Breach of Express Warranty, is dismissed with prejudice;
2. Plaintiffs' claims for punitive or exemplary damages are dismissed with prejudice; and
3. Defendant Boston Scientific Corporation's deadline to respond to the remaining claims in the Amended Complaint is extended by fourteen (14) days, from June 17, 2021 to July 2, 2021
IT IS SO ORDERED.