ZHAO et al v. SKINNER ENGINE COMPANY et al
ORDER THAT WITH RESPECT TO THE ALLEGED BREACH OF AN EXPRESS WARRANTY IN COUNT III, THE DEFENDANTS' MOTION TO DISMISS IS GRANTED AND THAT CLAIM IS DISMISSED WITH PREJUDICE. FRANCIS SHAW & CO., LTD. AND FRANCIS SHAW CABLE MACHINERY ARE DISMISSED F ROM THIS SUIT FOR LACK OF PERSONAL JURISIDICTION. HOWEVER THIS DISMISSAL IS WITHOUT PREJUDICE TO PLAINTIFFS' RIGHT TO CONDUCT DISCOVERY. THE REMAINDER OF THE FRANCIS SHAW DEFENDANTS' MOTION TO DISMISS UNDER FEDERAL RULES OF CIVL PROCEDURE 12(b)(2) AND 12(b)(6) IS DENIED. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 11/8/12. 11/8/12 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(ti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
XIA ZHAO and DAVID EHRMANN,
SKINNER ENGINE COMPANY;
FRANCIS SHAW & CO., LTD.; FRANCIS
SHAW & CO. (MANCHESTER) LTD.;
FRANCIS SHAW CABLE MACHINERY;
BARWELL POLYMER MACHINERY
CO.; POLYMER MACHINERY CO.;
FARRELL CORPORATION a/k/a HF
MIXING GROUP; HF RUBBER
MACHINERY, INC.; and SHAR
: CIVIL ACTION
: NO. 2:11-CV-07514-WY
AND NOW, this 8th day of November 2012, upon careful consideration of defendants’ motion to
dismiss for lack of jurisdiction and for failure to state a claim (Doc. # 45), and plaintiffs’
opposition thereto, IT IS HEREBY ORDERED that:
1. With respect to the alleged breach of an express warranty in count III, the defendants’
motion to dismiss is GRANTED and that claim is DISMISSED WITH PREJUDICE.
2. Francis Shaw & Co., Ltd. and Francis Shaw Cable Machinery are DISMISSED from
this suit for lack of personal jurisdiction. However, this dismissal is WITHOUT PREJUDICE
to plaintiffs’ right to conduct discovery into jurisdictional issues for a period of sixty days from
the date of this order and submit a supplemental memorandum within ten days of the close of
discovery, if plaintiffs decide to pursue these two defendants. If plaintiffs submit to the court a
supplemental memorandum concerning the jurisdictional issues of said defendants, the
defendants will have ten days to submit a supplemental reply memorandum to the court.
3. The remainder of the Francis Shaw defendants’ motion to dismiss under Federal Rules
of Civil Procedure 12(b)(2) and 12(b)(6) is DENIED.
s/ William H. Yohn Jr.
William H. Yohn Jr., Judge
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