Bradshaw Medical Inc v. MedTorque Inc et al

Filing 51

DECISION AND ORDER signed by Judge Lynn Adelman on 10/20/16 granting 26 Motion to dismiss counts VIIIX of Bradshaws second amended complaint; denying as moot 39 Motion to Dismiss counts VIIIX of its second amended complaint; denying as moot 50 Motion for a status conference. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BRADSHAW MEDICAL INC.,
Plaintiff,
v.

Case No. 16-CV-420

MEDTORQUE INC., GREATBATCH INC.,
SANDMAR SURGICAL INSTRUMENTS INC.,
KEVIN MARCHANT, JAMES WALSH, and
DANIEL KEGG,
Defendants.

DECISION AND ORDER
Bradshaw Medical, Inc. (Bradshaw) brings this action, alleging that defendants
manufactured and sold products that infringe on three of its patents on orthopedic
surgical devices. Before me now is a joint motion by several defendants to dismiss
counts VII–IX of Bradshaw’s second amended complaint for failure to state a claim upon
which relief can be granted. See Fed. R. Civ. P. 12(b)(6). These counts cover the
alleged infringement of one of the three patents at issue. Bradshaw “does not oppose
Defendants’ motion.” ECF No. 38, at 2. Under Civil L. R. 7(d), failure to oppose a motion
is sufficient cause for the court to grant it, so I will grant defendants’ motion to dismiss
these claims.
Bradshaw separately moves (1) for voluntary dismissal of these claims under
Rule 41(a) and (2) that this court schedule a status conference to approve its request
for their voluntary dismissal. Because I have already granted defendants’ motion to
dismiss these claims, these motions are moot.

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THEREFORE, IT IS ORDERED that defendants’ motion to dismiss counts VII–IX
of Bradshaw’s second amended complaint (ECF No. 26) is GRANTED, and said counts
are hereby DISMISSED from this action.
IT IS FURTHER ORDERED that Bradshaw’s motion for voluntary dismissal of
counts VII–IX of its second amended complaint (ECF No. 39) is DENIED AS MOOT.
IT IS FURTHER ORDERED that Bradshaw’s motion for a status conference
(ECF No. 50) is DENIED AS MOOT.
Dated at Milwaukee, Wisconsin, this 20th day of October, 2016.

s/ Lynn Adelman
__________________________________
LYNN ADELMAN
District Judge

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