Bourbia v. S.C. Johnson & Son, Inc.

Filing 23

OPINION & ORDER re: 17 MOTION to Dismiss Plaintiff's Complaint. filed by S.C. Johnson & Son, Inc. Plaintiff's claims are not preempted by FIFRA. Defendant's motion to dismiss the breach of express warranty, MMWA, GBL & #167;§ 349 and 350, and fraud claims is DENIED. Defendant's motion to dismiss the unjust enrichment claim is GRANTED. The Clerk of Court is directed to terminate the motion at Dkt. 17. Defendant is directed to answer the Complaint, and both parties are directed to jointly submit a civil case management plan, by Friday, April 19, 2019. SO ORDERED., (S.C. Johnson & Son, Inc. answer due 4/19/2019.) (Signed by Judge Paul A. Crotty on 3/21/19) (yv)

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