MCCRACKEN v. EXXON/MOBIL COMPANY et al

Filing 58

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED; THE UNSERVED COMPLAINTS FILED AGAINST TEXACO AND HESS OIL COMPANY ARE ALSO DISMISSED; THE CLAIMS AGAINST TEXACO AND HESS OIL COMPANY ALLEGING BREACH OF WARRANTY OF MERCHANTABILITY ARE DISMIS SED WITHOUT PREJUDICE; PLAINTIFF'S 4 MOTIONS FOR LEAVE TO FILE AN AMENDED COMPLAINT ARE DENIED AND DEFENDANTS' MOTIONS FOR LEAVE TO FILE REPLY BRIEFS ARE DENIED AS MOOT. THE CLERK'S OFFICE IS ORDERED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 11/16/2009. 11/16/2009 ENTERED AND COPIES E-MAILED.(ap, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ TED A. MCCRACKEN : Plaintiff, : : v. : : EXXON/MOBIL COMPANY et al. : Defendants. : __________________________________________ ORDER AND NOW, this 16th day of November, 2009, upon consideration of Defendants' Motions to Dismiss (doc. nos. 7, 8, 12, 16, 55) and Plaintiff's responses thereto, it is ORDERED that said motions are GRANTED. For the reasons set forth in the attached Opinion, the unserved Complaints filed against Texaco and Hess Oil Company are also dismissed; however the claims against Texaco and Hess Oil Company alleging breach of warranty of merchantability are dismissed without prejudice. It is further ORDERED that Plaintiff's four Motions for Leave to File an Amended Complaint (doc. nos. 29, 41, 44, 48) are DENIED and Defendants' Motions for Leave to File Reply Briefs in Support of Motions to Dismiss (doc. nos. 37, 38, 45) are DENIED as MOOT. The Clerk's Office is ORDERED to mark this case closed.

CIVIL ACTION

No. 08-2932

BY THE COURT:

/s/ Mitchell S. Goldberg _________________________ MITCHELL S. GOLDBERG, J.