Jones, Jr. et al v. Praxair, Inc. et al

Filing 36

DECISION AND ENTRY SUSTAINING DEFENDANTS PRAXAIR, INC.'S AND ANTHONY W. CROSSLEY'S OBJECTIONS TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 28 ); ADOPTING IN PART AND REJECTING IN PART UNITED STATES CHIEF MAGISTRATE JUDGE& #039;S REPORT AND RECOMMENDATIONS (DOC. # 27 ); SUSTAINING MOTION OF DEFENDANTS PRAXAIR, INC. AND ANTHONY W. CROSSLEY PURSUANT TO RULES 12(b) AND 12(f) TO DISMISS THE COMPLAINT IN PART AND TO STRIKE CERTAIN PARAGRAPHS THEREFROM (DOC. # 6 ) - Mo re specifically, Claim Two, asserting claims of negligence and negligence per se against Defendant Praxair, is DISMISSED WITHOUT PREJUDICE. Claim Four, asserting a claim for punitive damages against both Defendants, is DISMISSED WITHOUT PREJUDICE to renewal as a possible remedy, if warranted. Paragraphs 6, 7 and 9 are STRICKEN from the Complaint. Signed by Judge Walter H. Rice on 6/27/2016. (srb)