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
2
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