Mink v. Smith & Nephew, Inc.

ORDER ON MOTION TO DISMISS

BETH BLOOM, UNITED STATES DISTRICT JUDGE

This cause is before the Court upon Defendant Smith & Nephew, Inc’s Motion to Dismiss Plaintiffs Second Amended Complaint (“Motion”), ECF No. [32]. The Court has considered the Motion, all supporting and opposing filings, including Plaintiff Joseph Mink’s Response (“PI. Resp.”), ECF No. [33], and Defendant’s Reply (“Def.Reply”), ECF No. [36], and has reviewed Plaintiffs Second Amended Complaint (“SAC”), ECF No. [29], and the record in this case. Being fully advised, the Motion is GRANTED for the reasons set forth below.

I.…