SLEMMER et al v. NCFI POLYURETHANES et al

Filing 31

MEMORANDUM AND ORDER THAT DEFENDANT'S MCGLAUGHLIN SPRAY FOAM INSUALTION, INC., MOTION TO DISMISS COUNT VI OF PLAINTIFFS' AMENDED COMPLAINT (DOC. NO.26) AND DEFENDANT BARNHARDT MANUFACTURING COMPANY'S MOTION TO DISMISS COUNT VI OF PLAINTIFFS' AMENDED COMPLAINT (DOC. NO.27) ARE GRANTED AND COUNT VI OF THE AMENDED CLASS ACTION COMPLAINT IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE JAN E. DUBOIS ON 10/16/2013. 10/17/2013 ENTERED AND COPIES E-MAILED.(kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DANIEL SLEMMER and PAULA
SLEMMER, Individually, and on behalf of
all others similarly situated,
Plaintiffs,
v.
MCGLAUGHLIN SPRAY FOAM
INSULATION, INC. and BARNHARDT
MANUFACTURING CO.,
Defendants.

CIVIL ACTION

NO. 12-6542

ORDER
AND NOW, this 16th day of October, 2013, upon consideration of Defendant’s,
McGlaughlin Spray Foam Insulation, Inc., Motion to Dismiss Count VI (Medical
Monitoring) of Plaintiffs’ Amended Complaint, Pursuant to Rule 12(b)(6) (Document No.
26, filed July 29, 2013), Memorandum of Law in Opposition to Motion to Dismiss
Plaintiffs’ Medical Monitoring Claim Filed by Defendant McGlaughlin Spray Foam
Insulation, Inc. (Document No. 28, filed August 12, 2013), Barnhardt Manufacturing
Company’s Motion to Dismiss Count VI of Plaintiffs’ Amended Class Action Complaint
(Document No. 27, filed July 31, 2013), and Memorandum of Law in Opposition to Motion
to Dismiss Plaintiffs’ Medical Monitoring Claim Filed by Defendant Barnhardt
Manufacturing Co. (Document No. 29, filed August 14, 2013), for the reasons set forth in the
Memorandum dated October 16, 2013, IT IS ORDERED that Defendant’s, McGlaughlin
Spray Foam Insulation, Inc., Motion to Dismiss Count VI (Medical Monitoring) of
Plaintiffs’ Amended Complaint, Pursuant to Rule 12(b)(6) (Document No. 26), and
Barnhardt Manufacturing Company’s Motion to Dismiss Count VI of Plaintiffs’ Amended

Class Action Complaint (Document No. 27) are GRANTED and Count VI of the Amended
Class Action Complaint is DISMISSED WITH PREJUDICE.

BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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