Dalbotten v. C R Bard Incorporated et al

Filing 84

ORDER denying 78 Motion for Summary Judgment on Defendants' Pre-emption Defense as moot. Signed by Judge Susan P. Watters on 1/7/2022. (EMH)

Download PDF
Case 1:20-cv-00034-SPW Document 84 Filed 01/07/22 Page 1 of 3 IN THE UNITED STATES DISTPUCT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION MARIA DALBOTTEN, CV 20-34-BLG-SPW Plaintiff, ORDER vs. C. R. BARD INCORPORATED and BARD PERIPHERAL VASCULAR INCORPORATED, Defendants. This matter comes before the Court on Plaintiff Maria Dalbotten's Motion for Summary Judgment on Defendant's Pre-emption Defense, filed August 13, 2021.(Doc. 78). Defendants responded on September 3,2021 (Doc. 80)and Plaintiff replied on September 16, 2021 (Doc. 82). The motion is deemed ripe and ready for adjudication. Plaintiff seeks summary judgment on Defendants' affirmative defense no.6 that the Plaintiffs claims are pre-empted by federal law. However, after Plaintiff filed her motion. Defendants filed a Notice that they were voluntarily dismissing their pre-emption defense.(Doc. 81). Therefore, because Defendants have withdrawn the defense at issue, there is nothing left for the Court to decide on Plaintiffs Motion and that Motion is denied as moot. Case 1:20-cv-00034-SPW Document 84 Filed 01/07/22 Page 2 of 3 Case 1:20-cv-00034-SPW Document 84 Filed 01/07/22 Page 3 of 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?