Hamblen et al v. Davol, Inc. et al

Filing 13

ORDER: Defendants Davol, Inc. and C.R. Bard, Inc.'s Motion to Dismiss, in part, Plaintiffs' Complaint (Doc. # 9 ) is GRANTED as an unopposed Motion. Counts 4 - 8 of the Complaint are dismissed without prejudice. Signed by Judge Virginia M. Hernandez Covington on 9/26/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BARBARA
HAMBLEN,

HAMBLEN

and

HERBERT

Plaintiffs
v.

Case No. 8:17-cv-1613-T-33TGW

DAVOL, INC. and C.R. Bard, Inc.,
Defendants.
________________________________/
ORDER
This matter is before the Court pursuant to Defendants
Davol, Inc. and C.R. Bard, Inc.’s Motion to Dismiss, in part,
Plaintiffs’ Complaint (Doc. # 9), which was filed on September
5, 2017.

The Complaint spans 40 pages and contains 9 counts.

(Doc. # 1).

Defendants seek the dismissal of counts

4

through 8 with prejudice. Plaintiffs, two individuals who are
represented

by

counsel,

failed

to

file

a

response

in

opposition to the Motion within the time parameters of the
Local Rules.

Local Rule 3.01(b), M.D. Fla., explains, “Each

party opposing a motion or application shall file within
fourteen (14) days after service of the motion or application
a response that includes a memorandum of legal authority in
opposition to the request, all of which the respondent shall
include in a document not more than twenty (20) pages.”

Accordingly, on the present record, this Court considers
Defendants’ Motion (Doc. # 9) as an unopposed motion and
grants the Motion.

However, in an abundance of fairness to

Plaintiffs, the Court dismisses counts 4 - 8 of the Complaint
without

prejudice,

rather

than

with

prejudice,

as

was

requested in the Motion.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Defendants Davol, Inc. and C.R. Bard, Inc.’s Motion to
Dismiss, in part, Plaintiffs’ Complaint (Doc. # 9) is
GRANTED as an unopposed Motion.

(2)

Counts 4 - 8 of the Complaint are dismissed without
prejudice.
DONE and ORDERED in Chambers, in Tampa, Florida, this

26th day of September, 2017.

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