INCUBADORA MEXICANA, SA DE CV et al v. ZOETIS, INC. et al

Filing 39

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. THE PLAINTIFFS' CLAIMS IN COUNT EIGHT (FRAUD) ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 9/16/15. 9/16/15 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
INCUBADORA MEXICANA, SA DE CV
and INCUBADORAS RANCHO GRANDE
S.A. DE C.V.,
Plaintiffs,

CIVIL ACTION

v.

NO. 15-216

ZOETIS, INC. and PFIZER, INC.,
Defendants.
ORDER
AND NOW, this 16th day of September, 2015, upon consideration of Defendant Zoetis
Inc.’s and Pfizer Inc.’s Motion to Dismiss Plaintiff’s Amended Complaint (ECF No. 29);
Plaintiffs’ response thereto (ECF No. 32); and Defendants’ reply (ECF No. 33), it is ORDERED
that:
(1) The Defendants’ motions are GRANTED IN PART AND DENIED IN PART;
(2) The motion to dismiss pursuant to Rule 19 is DENIED;
(3) Plaintiffs’ claims in Count One (negligence), Count Two (negligent hiring and
supervision), Count Nine (negligent misrepresentation), and Count Ten (strict
liability) are DISMISSED WITH PREJUDICE;
(4) The motions to dismiss Count Three (breach of express warranty) and Count Six
(breach of implied warranties of merchantability and/or fitness for a particular
purchase) are DENIED with respect to Defendant Zoetis, Inc. and GRANTED with
respect to Defendant Pfizer, Inc.; Plaintiffs’ claims in Count Three and Count Five
are DISMISSED WITH PREJUDICE against Defendant Pfizer;
(5) The motion to dismiss Count Seven (unjust enrichment) is DENIED;
(6) The Plaintiffs’ claims in Count Eight (fraud) are DISMISSED WITH PREJUDICE.
BY THE COURT:

/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.