Hawkins

ORDER DENYING DEFENDANTS’ MOTION TO STRIKE AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

Defendants MEDTRONIC, INC. and MEDTRONIC SOFAMOR DANEK USA, INC. bring motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted and to strike allegedly redundant, immaterial, impertinent, or scandalous portions of Plaintiff GARY HAWKINS’ complaint under Federal Rule of Civil Procedure 12(f). For'the reasons set forth below, Defendants’ motion to dismiss will be granted in part and denied in part. The dismissed portions of the complaint will be dismissed without leave to amend. Defendants’ motion to strike will be denied.

II. BACKGROUND

Plaintiff commenced this action on April 4, 2013, bringing causes of action for 1) Fraudulent Misrepresentation and Fraud in the Inducement, 2) Strict Products Liability — Failure to Warn, 3) Strict Products Liability — Design Defect, 4) Strict Products Liability — Misrepresentation, and 5) Products Liability — Negligence. This Court granted Defendants’ motion to dismiss with prejudice as to Plaintiffs third cause of action; strict products…