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

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

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