Country Mutual Insurance Company v. Electrolux Home Products, Inc.

Filing 24

MEMORANDUM AND ORDER, Granting 15 MOTION to Dismiss with prejudice Count IV of the Plaintiff's Complaint Pursuant to Fed R. Civ. P. 12(b)(6) and 12(f) filed by Electrolux Home Products, Inc. The Court directs the Clerk of Court to enter judgment accordingly at the close of this case.Signed by Judge J. Phil Gilbert on 12/3/2013. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
COUNTRY MUTUAL INSURANCE
COMPANY,
Plaintiff,
Case No. 13-cv-849-JPG-PMF
vs.
ELECTROLUX HOME PRODUCTS, INC.,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on defendant Electrolux Home Products, Inc.’s
(“Electrolux”) motion to dismiss (Doc. 15). In its motion, Electrolux moves to dismiss with
prejudice Count Four, alleging negligent breach of continuing duty to warn, of plaintiff Country
Mutual Insurance Company’s (“Country Mutual”) complaint. Country Mutual filed its response
(Doc. 23) to the motion in which it informs the Court it “does not oppose [Electrolux]’s motion
and consents to having Count [Four] dismissed with prejudice.” Doc. 23, p. 2. Accordingly, the
Court GRANTS Electrolux’s motion to dismiss (Doc. 15), DISMISSES with prejudice Count
Four of Country Mutual’s complaint, and DIRECTS the Clerk of Court to enter judgment
accordingly at the close of this case.
IT IS SO ORDERED.
DATED: December 3, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE