Dunn et al v. Takata Corporation et al

Filing 354

ORDER Granting in part and Denying in part BMW of North America, LLC's and BMW Manufacturing Company, LLC's (625 in 1:15-md-02599-FAM) Motion to Dismiss for Failure to State a Claim. Count 3 is DISMISSED as to Plaintiffs Day, Dewan, Gunther, Kazos, Veser, the purported Pennsylvania sub-class, the purported Virginia sub-class, and claims arising under New Jersey Law only; Count 17 and Count 19 are DISMISSED in full; Count 18 is DISMISSED as to claims arising under New Jersey law only; Count 48 is DISMISSED in full; Count 53 is DISMISSED only as to Plaintiffs Dougherty and Lee; Count 55 is DISMISSED only as to Plaintiffs Dougherty, Lee, Pham and Schmidt; Count 89 and Count 90 are DISMISSED in full; Count 99 and Count 100 are DISMISSED in full; BMW's motion to dismiss counts 16, 47, 49, 51, 52, 54, 55, 56, 57, 63, and 64 are DENIED; BMW's motion to stay this case is DENIED; BMW's motion to dismiss all claims alleged against BMW Manufacturing Company, LLC is GRANTED. Signed by Judge Federico A. Moreno on 10/14/2016. (gp)