LIBERTY MUTUAL INSURANCE COMPANY v. FREIGHTLINER, LLC et al

Filing 17

ORDER THAT THE MOTION OF BERGSTROM, INC. AND BERGSTROM CLIMATE SYSTEMS LLC TO DISMISS THE COMPLAINT IS GRANTED AS TO COUNT EIGHT AND COUNT TEN. THE MOTION IS OTHERWISE DENIED, AND THE MOTION IN THE ALTERNATIVE FOR A MORE DEFINITE STATEMENT IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/19/2013. 11/19/2013 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LIBERTY MUTUAL
INSURANCE COMPANY

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v.

FREIGHTLINER, LLC, et al.

CIVIL ACTION

NO. 13-5543

ORDER
AND NOW, this 19th day of November, 2013, for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that:
(1)

the motion of Bergstrom, Inc. and Bergstrom

Climate Systems, LLC (Doc. #6) to dismiss the complaint is
GRANTED as to count eight of the complaint and as to count ten
of the complaint to the extent that count ten makes claims under
the Magnuson-Moss Warranty Act;
(2)

the motion to dismiss is otherwise DENIED; and

(3)

the motion in the alternative for a more definite

statement (Doc. #6) is DENIED.
BY THE COURT:

/s/ Harvey Bartle III
J.