Sherry E Soltis et al v. Caldera Medical Inc et al

Filing 21

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

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION IN RE MENTOR CORP. OBTAPE * MDL Docket No. 2004 4:08-MD-2004 (CDL) * Case No. * 4:12-CV-192 (Soltis, et al.) TRANSOBTURATOR SLING PRODUCTS LIABILITY LITIGATION O R D E R Defendant Caldera Medical, Inc. (“Caldera”) filed a motion to dismiss the Complaint of Sherry E. Soltis and George W. 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 matter of statute claim law of is that the limitations; not recognized maintains applies here. claims and are (3) under barred by Plaintiffs’ California the applicable strict liability law, which Caldera 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 to dismiss Plaintiffs’ strict liability claim. Accordingly, 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 2