Saucier v. Bridgestone/Firestone North America Tire L.L.C. et al

Filing 90

ORDER granting 50 Motion for Partial Summary Judgment; granting 57 Motion for Partial Summary Judgment Signed by Honorable David C. Bramlette, III on 12/16/2008 (dtj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION NICHOLAS SAUCIER and JASON SAUCIER VERSUS PLAINTIFFS CIVIL ACTION NO. 5:08-CV-151-DCB-JMR

BRIDGESTONE/FIRESTONE NORTH AMERICAN TIRE, L.L.C. f/k/a BRIDGESTONE/FIRESTONE, INC.; MAZDA MOTOR OF AMERICA, INC.; and FORD MOTOR COMPANY ORDER GRANTING PARTIAL SUMMARY JUDGMENT

DEFENDANTS

Motions for Partial Summary Judgment filed by Ford Motor Company (Ford) and Mazda Motor of America, Inc. (Mazda) (Docs. 50, 57) on the Plaintiffs' breach of warranty claim (First Claim) and Magnuson-Moss Warranty Act claim (Second Claim) are before the Court. The

motions raise the statute of limitations as a defense. The Plaintiffs have notified the Court that they do not oppose the motions. IT IS, THEREFORE, ORDERED that: 1. Ford's and Mazda's Motion for Partial Summary Judgment (Doc. 50) on the

Plaintiffs' breach of warranty claim (First Claim) and Motion for Partial Summary Judgment (Doc. 57) on the Magnuson-Moss Warranty Act claim (Second Claim) are granted. 2.

Ford and Mazda are granted partial summary judgment on the Plaintiffs' breach

of warranty claim (First Claim) and Magnuson-Moss Warranty Act claim (Second Claim) because the claims are barred by the statute of limitations. 3.

The Plaintiffs' other claims remain pending.
16th day of December , 2008.

SO ORDERED, this the

s/ David Bramlette UNITED STATES DISTRICT JUDGE Submitted by:
Wynn E. Clark 2510 16th Street Gulfport, MS 39501 [phone] (Office) [phone] (Fax) Miss. Bar No. 6279 E-Mail: [e-mail]

Paul V. Cassisa, Jr. P. O. Box 1138 Oxford, MS 38655

[phone] (Office) Miss. Bar No. 5921 E-Mail: [e-mail]