Sweeney et al v. Kimberly-Clark Corporation et al, No. 8:2014cv03201 - Document 69 (M.D. Fla. 2015)

Court Description: ORDER granting in part and denying in part 41 Kimberly-Clark Corporation's motion to dismiss; 42 Rockline Industries, Inc.'s motion to dismiss; and 47 Wal-Mart Stores, Inc.'s motion to dismiss. The Complaint is dismissed witho ut prejudice, with the exception of Count III--Plaintiffs' cause of action for Breach of Implied Warranty of Fitness for a Particular Purpose--which is dismissed with prejudice. Plaintiff may file an amended complaint on or before October 9, 2015, consistent with this Order. Signed by Judge Elizabeth A. Kovachevich on 9/15/2015. (rjm)