franklin v. Home Depot U.S.A, Inc. et al

Filing 22

///ORDER granting 13 Motion to Dismiss; granting 14 Motion to Dismiss. So Ordered by Judge Paul J. Barbadoro. (jna) Modified on 5/5/2011 to add:/// (mxm).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Richard Franklin, et al.
v.

Case No. 10-cv-281-PB

Home Depot, U.S.A., Inc., et al.

O R D E R

This is a straightforward negligence case that plaintiff is
unnecessarily complicating by presenting untenable legal
theories based on the Consumer Protection Act, the doctrine of
negligence per se and the law of nuisance.

These claims are

deficient for the reasons cited in the defendants’ motion to
dismiss.
Defendants’ motions to dismiss (Doc. Nos. 13 and 14) are
granted.

The only remaining claim is Count 1.

SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
May 5, 2011
cc:

Francis X. Quinn, Jr.
Katherine Strickland, Esq.
Christopher Duggan, Esq.
Karyn P. Forbes, Esq.