Thompson I.G., L.L.C. v. Edgetech I.G., Inc.

Filing 22

ORDER Dismissing Count II of First Amended Complaint and Denying Dismissal of Claim of Consequential Damages re 12 Motion for Judgment. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMPSON, I.G., L.L.C.,

Case No. 11-12839

Plaintiff/ Counter-Defendant,
v.

HON. AVERN COHN

EDGETECH, I.G., INC.,
Defendant/ Counter-Plaintiff.
_____________________________________________/
ORDER DISMISSING COUNT II OF FIRST AMENDED COMPLAINT AND
DENYING DISMISSAL OF CLAIM OF CONSEQUENTIAL DAMAGES (DOC. 12)
This is a contract case arising out of the sale of a thermal window sealer. For the
reasons stated on the record at the hearing held on October 26, 2011, defendant’s
motion to dismiss Count II, Breach of Implied Warranty, of the first amended complaint
is GRANTED. Defendant’s motion to dismiss plaintiff’s request for relief as to
consequential and incidental damages is DENIED.
SO ORDERED.

Dated: October 27, 2011

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, October 27, 2011, by electronic and/or ordinary mail.
S/Julie Owens
Case Manager, [phone]