Alexander v. Stryker Corp et al
ORDER granting 46 Separate Defendant Argen Corporation's Motion to Dismiss without prejudice; and dismissing Defendant Argen Corporation from this case. Signed by Judge Lee P. Rudofsky on 11/18/2020. (ajt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LINDA SUE ALEXANDER
Case No. 4:19-cv-00700-LPR
STRYKER CORP, et al.
On October 13, 2020, Separate Defendant Argen Corporation (“Argen”) filed a Motion to
Dismiss the claims against it in this case. (Doc. 46). Argen is named in the operative complaint
as the successor-in-interest to J.F. Jelenko & Co. (“Jelenko”). (Doc. 37 ¶ 7). Argen argues that
the complaint is devoid of any factual allegations that would establish that Argen is Jelenko’s
successor-in-interest. (Doc. 46 ¶ 3). Argen further argues that no such facts exist because Argen
is not Jelenko’s successor-in-interest.1 Argen therefore contends that dismissal is proper under
Federal Rule of Civil Procedure 12(b)(6) because the complaint fails to state a claim against Argen.
On November 13, 2020, Plaintiff Linda Sue Alexander filed a short and untimely Response to
Argen’s Motion. (Doc. 49). Ms. Alexander states that she “does not object to Defendant Argen
Corporation’s Motion to Dismiss.” (Id. ¶ 3). Given all of the foregoing, the Court GRANTS
Separate Defendant Argen Corporation’s Motion to Dismiss without prejudice.2
Defendant Argen Corporation is dismissed from this case.
(Id.). Argen attached to its Motion “the declaration of Paul Cascone, Senior Vice President of Argen.” (Doc. 46 ¶
5). The Court did not consider the attachment in making its ruling. See FED. R. CIV. P. 12(d).
Neither Argen nor Ms. Alexander expressly stated whether the dismissal should be with prejudice or without
prejudice. The Court orders dismissal without prejudice to account for the theoretical possibility that laterdiscovered facts could establish that Argen is Jelenko’s successor-in-interest.
IT IS SO ORDERED this 18th day of November 2020.
LEE P. RUDOFSKY
UNITED STATES DISTRICT COURT JUDGE
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