Tytanic v. Blue Sky Bio LLC et al
ORDER granting 23 Motion to Dismiss by Albert Zickman and Sheldon A. Lerner. Signed by Honorable Timothy D. DeGiusti on 11/29/2016. (mb)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHRISTOPHER A. TYTANIC,
BLUE SKY BIO, LLC, et al.,
Case No. CIV-16-1107-D
Before the Court is Defendants Albert Zickmann and Sheldon A. Lerner’s Motion
to Dismiss [Doc. No. 23], filed pursuant to Fed. R. Civ. P. 12(b)(6). The First Amended
Complaint asserts tort claims based on allegedly defective dental implants, and purports
to sue each of the moving defendants because he “is a Co-Founder/Owner/Officer/
Member of Blue Sky Bio and holds the dental implant patents relating to this claim.” See
First Am. Compl. [Doc. No. 17], ¶¶ 3-4. By their Motion, the individual defendants
contend Plaintiff fails to state any claim against them as a matter of law.
Plaintiff has filed no timely response to the Motion. Thus, the Court in the
exercise of discretion under LCvR7.1(g) deems the Motion confessed. Further, for the
reasons stated in the Motion, the Court finds that the First Amended Complaint fails to
state a claim upon which relief can be granted against Defendant Albert Zickmann or
Defendant Sheldon A. Lerner.
IT IS THEREFORE ORDERED that Defendants Albert Zickmann and Sheldon A.
Lerner’s Motion to Dismiss [Doc. No. 23] is GRANTED. This action shall proceed only
against Defendant Blue Sky Bio, LLC.
IT IS SO ORDERED this 29th day of November, 2016.
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