Stryker Sales Corp. v. Zimmer Biomet, Inc.

ORDER GRANTING IN PART DEFENDANT TRAGUS SURGICAL, INC.’S MOTION TO DISMISS; AND DENYING PLAINTIFF’S MOTION TO STAY AND MOTION TO CONTINUE HEARING

This matter is before the court on three motions: defendant Tragus Surgical, Inc.’s motion to dismiss plaintiffs complaint (Doc. No. 29); plaintiff Stryker Sales Cor *612 poration’s motion to stay proceedings pending resolution of issues in a related case (Doc. No. 33); and plaintiffs motion to continue the hearing on defendant’s motion to dismiss (Doc. No. 47). A hearing on these motions was held on December 20, 2016. Attorney Robert Brian Milligan appeared on behalf of plaintiff Stryker Sales Corporation (“Stryker”). Attorneys Tarifa B. Laddon and Mike Rogers appeared on behalf of defendants Zimmer Biomet Inc. and Zimmer Biomet CMF and Thoracic LLC d/b/a Biomet Microfixation, LLC (collectively “Biomet”), and Tragus Surgical, Inc. (“Tragus”). Having considered the parties’ briefs and oral arguments and for the reasons set forth below, the court will grant defendant’s motion to dismiss in part, deny plaintiffs motion to stay these proceedings, and deny plaintiffs motion to continue the hearing on defendant’s motion to…