Hamblen et al v. Davol, Inc. et al

Middle District of Florida, flmd-8:2017-cv-01613

ORDER: Defendants Davol, Inc. and C.R. Bard, Inc.'s Motion to Dismiss, in part, Plaintiffs' Complaint (Doc. # {{9}}) is GRANTED as an unopposed Motion. Counts 4 - 8 of the Complaint are dismissed without prejudice. Signed by Judge Virginia M. Hernandez Covington on 9/26/2017. (KAK)

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PageID 76 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION BARBARA HAMBLEN and HERBERT HAMBLEN, Plaintiffs v. Case No. 8:17-cv-1613-T-33TGW DAVOL, INC. and C.R. Bard, Inc., Defendants. ________________________________/ ORDER This matter is before the Court pursuant to Defendants Davol, Inc. and C.R. Bard, Inc.'s Motion to Dismiss, in part, Plaintiffs' Complaint (Doc. # 9), which was filed on September 5, 2017. The Complaint spans 40 pages and contains 9 counts. (Doc. # 1). Defendants seek the dismissal of counts 4 through 8 with prejudice. Plaintiffs, two individuals who are represented by counsel, failed to file a response in opposition to the Motion within the time parameters of the Local Rules. Local Rule 3.01(b), M.D. Fla., explains, "Each party opposing a motion or application shall file within fourteen (14) days after service of the motion or application a response that includes a memorandum of legal authority in opposition to the request, all of which the respondent shall include in a document not more than twenty (20) pages." PageID 77 Accordingly, on the present record, this Court considers Defendants' Motion (Doc. # 9) as an unopposed motion and grants the Motion. However, in an abundance of fairness to Plaintiffs, the Court dismisses counts 4 - 8 of the Complaint without prejudice, rather than with prejudice, as was requested in the Motion. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Defendants Davol, Inc. and C.R. Bard, Inc.'s Motion to Dismiss, in part, Plaintiffs' Complaint (Doc. # 9) is GRANTED as an unopposed Motion. (2) Counts 4 - 8 of the Complaint are dismissed without prejudice. DONE and ORDERED in Chambers, in Tampa, Florida, this 26th day of September, 2017. -2-