Fredrick v. Smith & Nephew, Inc. et al
| Richard T. Fredrick |
| Smith & Nephew, Inc. and John Doe |
| 1:2013cv01220 |
| June 3, 2013 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Lake |
| David D. Dowd |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
30
Memorandum Opinion and Order that defendant's Motion to dismiss on the grounds of preemption is DENIED. However, defendant may reassert the preemption issue at a later time as detailed, supra. Further for the reasons contained here in, defendant's motion to dismiss on the grounds that plaintiff's third amended complaint fails to satisfy the required pleading standard of Rule 8 and Twombly and Iqbal is DENIED. Plaintiff's third amended complaint contains suffi cient factual detail to place defendant on notice of a plausible claim. This case remains before Magistrate Judge Burke for general pretrial supervision as previously assigned. (Related Doc # 29 ) Signed by Judge David D. Dowd, Jr. on 12/4/2013. (M,De)
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