Sherry E Soltis et al v. Caldera Medical Inc et al
ORDER in case 4:08-md-02004-CDL; denying (14) Motion to Dismiss for Failure to State a Claim in case 4:12-cv-00192-CDL. Ordered by Judge Clay D. Land on 10/26/2012. (CGC) Associated Cases: 4:08-md-02004-CDL, 4:12-cv-00192-CDL
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
IN RE MENTOR CORP. OBTAPE
* MDL Docket No. 2004
* 4:12-CV-192 (Soltis, et al.)
TRANSOBTURATOR SLING PRODUCTS
O R D E R
Defendant Caldera Medical, Inc. (“Caldera”) filed a motion
Soltis (“Plaintiffs”) for failure to state a claim (ECF No. 14),
essentially arguing that (1) Plaintiffs did not plead enough
facts to place Caldera on sufficient notice of a plausible claim
asserted against it; (2) Plaintiffs’ allegations establish as a
maintains applies here.
Having thoroughly reviewed Plaintiffs’
Complaint and accepting as true the allegations contained in it
as required at this stage of the litigation, the Court finds
that Plaintiff has alleged sufficient facts to put Caldera on
notice of a plausible claim against it; that the allegations do
not establish as a matter of law that Plaintiffs’ claims are
barred by the statute of limitations; and that it is premature
Caldera’s motion to dismiss is denied.
IT IS SO ORDERED, this 26th day of October, 2012.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE
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