CRAIG v. MENTOR WORLDWIDE LLC

Filing 6

ORDER granting 2 Motion to Dismiss Complaint. Ordered by U.S. District Judge CLAY D LAND on 11/06/2014. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
PATRICIA CRAIG,

*

Plaintiff,

*

vs.

*

MENTOR WORLDWIDE LLC,

*

Defendant.

CASE NO. 4:14-cv-188 (CDL)

*
O R D E R

Patricia Craig of Pascagoula, Mississippi filed an action
against Defendant Mentor Worldwide, LLC in April 2014 alleging
that she suffered injuries caused by Mentor’s ObTape product.
Notice of Removal Ex. A, Compl., ECF No. 1-1 in 4:14-cv-106.
Then, in July, Patricia Craig of Pascagoula, Mississippi brought
this action alleging injuries caused by ObTape.
1 in 4:14-cv-188.

Compl., ECF No.

The Complaints allege nearly identical claims

against Mentor based on Mentor’s design, manufacture, marketing,
and sale of ObTape.
Mentor moves to dismiss this action as duplicative of the
April action.

“As part of its general power to administer its

docket, a district court may stay or dismiss a suit that is
duplicative of another federal court suit.”

Curtis v. Citibank,

N.A., 226 F.3d 133, 138 (2d Cir. 2000) (citing Colorado River
Water Conservation Dist. v. United States, 424 U.S. 800, 817

(1976)).
and

no

There was no response to Mentor’s Motion to Dismiss
indication

that

the

two

actions

were

brought

by

two

different women who happen to have the same name and live in the
same town and who also happen to have been implanted with ObTape
in December of 2003.

So, the Court concludes that this action

is duplicative of 4:14-cv-106, and Mentor’s Motion to Dismiss
(ECF No. 2 in 4:14-cv-188) is granted.

IT IS SO ORDERED, this 6th day of November, 2014.
S/Clay D. Land
CLAY D. LAND, CHIEF JUDGE
UNITED STATES DISTRICT COURT

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