NEW HAMPSHIRE INSURANCE COMPANY v. DIELECTRIC COMMUNICATIONS, INC. et al

Filing 18

ORDER of MEMORANDUM AND/OR OPINION (ECF NO. 17)- FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM, IT IS ORDRED that:. DEFENDANT'S MOTION TO DISMISS (ECF NO. 3) COUNTS I AND II IS DENIED WITHOUT PREJUDICE.. DEFENDANT MAY AT A LATER STA GE IN THE LITIGATION RE-RAISE ITS ARGUMENT AGAINST PLAINTIFF'S COUNT I NEGLIGENCE CLAIM ONLY ON THE GROUNDS OF THE ECONOMIC LOSS DOCTRINE.. PLAINTIFF MAY PROCEED WITH ITS COUNT II BREACH OF CONTRACT CLAIM, ONLY AS IT RELATES TO THE WARRANTY 9;S REPLACEMENT PARTS PROVISION: IT IS FURTHER ORDERED that THE STAY OF DISCOVERY (ECF NO. 14) IS LIFTED AND THAT THE PARTIES SHALL PROCEED WITH DISCOVERY AS OUTLINED IN THE COURT'S SCHEDULING ORDER (ECF NO. 11).. SIGNED BY HONORABLE ANITA B. BRODY ON 6/25/2012. 6/25/2012 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF PENNSYLVANIA
NEW HAMPSHIRE INSURANCE
COMPANY a/s/o WHYY, INC.,
Plaintiff,
v.
DIELECTRIC COMMUNICATIONS,
INC., et al.,
Defendants.

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CIVIL ACTION
NO. 11-7263

ORDER
AND NOW, this _25th___ day of June 2012, for the reasons set forth in the
accompanying memorandum, it is ORDERED that:
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Defendant’s Motion to Dismiss (ECF No. 3) Counts I and II is DENIED without
prejudice.
Defendant may at a later stage in the litigation re-raise its argument against
Plaintiff’s Count I negligence claim only on the grounds of the economic loss
doctrine.
Plaintiff may proceed with its Count II breach of contract claim, only as it relates
to the warranty’s replacement parts provision.

It is FURTHER ORDERED that the stay of discovery (ECF No. 14) is lifted and that
the parties shall proceed with discovery as outlined in the Court’s Scheduling Order (ECF No.
11).

__________________________
ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to:

O:\ABB 2012\L - Z\New Hampshire Insurance Co order re mtd.wpd