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)

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withdrawn the defense at issue, there is nothing left for the Court to decide on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.

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