Johnson v. Railroad Controls L P et al

Filing 118

MEMORANDUM RULING that the 69 MOTION to Dismiss For Failure to State a Claim filed by Navistar Inc is DENIED as to the plaintiffs' claim for a construction or composition defect under the LPLA and is GRANTED as to the plaintiffs' cla ims under the LPLA for a design defect; 69 MOTION to Dismiss For Failure to State a Claim 94 Second MOTION to Dismiss for Lack of Jurisdiction over subject matter filed by Railroad Controls L P, B N S F Railway Co, 78 MOTION to S tay is DENIED, AS MOOT; 85 MOTION to Dismiss For Failure to State a Claim filed by Diversified Metal Fabricators Inc, IS denied as to the plaintiffs' claim for a construction or composition defect under the LPLA and is GRANTED as to the plaintiffs' claim under the LPLA for a design defect; 91 MOTION to Stay is DENIED, AS MOOT; 94 Second MOTION to Dismiss for Lack of Jurisdiction over subject matter, is GRANTED and the claims under the FELA Act 45 USC 51-60, i ncluding Mrs. Johnson's claims for loss of consortium under FELA are DISMISSED. The dismissal of the plaintiffs' FELA claims shall have no effect on the plaintiffs' state law claims; 97 MOTION for Summary Judgment with opposition filed by Chad Johnson is DENIED; 107 Motion is DENIED, AS MOOT. Signed by Judge Patricia Minaldi on 7/1/2014. (crt,FinnSld, P)