LATRAVERSE v. KIA MOTORS AMERICA, INC.

Filing 11

ORDERED that Deft's 4 Motion to Dismiss is DENIED w/ respect to Counts I & III & GRANTED w/ respect to Count II. Signed by Judge Robert B. Kugler on 7/27/2011. (drw, )

NOT FOR PUBLICATION

(Doc. No. 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
___________________________________
:
SEAN LATRAVERSE, individually and on :
behalf of all others similarly situated,
:
:
Plaintiff,
:
:
v.
:
:
:
KIA MOTORS OF AMERICA, INC.,
:
:
Defendant.
:
___________________________________ :

Civil No. 10-6133 (RBK/AMD)
ORDER

THIS MATTER having come before the Court upon the Motion to Dismiss filed by
Defendant Kia Motors America, Inc. (“Kia”); and the Court having considered the moving
papers and the response thereto; and for the reasons expressed in the Opinion issued this date;
IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss is DENIED with
respect to Plaintiff’s Breach of Warranty claim (Count I) and Violation of the Magnuson-Moss
Act, 15 U.S.C. 2301, et seq., claim (Count III); and
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss is GRANTED with
respect to Plaintiff’s Fraud and Violation of the Consumer Fraud Act claim (Count II).

Dated:

7/27/11

/s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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