Payne et al v. BenchMaster Furniture, LLC

Filing 39

ORDER AND REASONS granting 18 Motion to Dismiss Pla's Amended Complaint as unopposed as to plas' claims arising under California law, and those claims are dismissed with prejudice. The motion is denied as to dismissal of plas' class allegations. Signed by Judge Helen G. Berrigan on 11/16/2015. (kac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JAMIE PAYNE & LEE PAYNE

CIVIL ACTION

VERSUS

NO: 15-176

BENCHMASTER FURNITURE, LLC

SECTION: "C" (3)

ORDER AND REASONS
Before the Court is a Motion to Dismiss Plaintiffs' Amended Complaint filed by defendant,
BenchMaster Furniture, LLC. Rec. Doc. 18. BenchMaster seeks dismissal with prejudice of the
claims plaintiff, Jaime and Lee Payne, brought under California law. Rec. Doc. 18-1. BenchMaster
also argues that plaintiffs cannot maintain a nationwide class and that their warranty and fraud-based
claims cannot be adjudicated on a class-wide basis. Id. Plaintiffs do not oppose the dismissal of the
claims they raised under California law, but contend that defendant's other arguments are premature
and should be adjudicated in connection with a motion to certify the class. Rec. Doc. 35.
Accordingly,
IT IS HEREBY ORDERED that BenchMaster's Motion to Dismiss Plaintiffs' Amended
Complaint (Rec. Doc. 18) is GRANTED AS UNOPPOSED as to plaintiffs' claims arising under
California law, and those claims are DISMISSED WITH PREJUDICE. The motion is DENIED as
to dismissal of plaintiffs' class allegations.

New Orleans, Louisiana, this 16th day of November, 2015.

____________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE