WAGNER v. SAMSUNG ELECTRONICS AMERICA, INC. et al

Filing 26

ORDER THAT DEFENDANT'S MOTION IS GRANTED IN PART AND DENIED IN PART AS OUTLINE HERETO. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/13/16. 12/13/16 ENTERED AND COPIES EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROSE WAGNER
v.
SAMSUNG ELECTRONICS
AMERICA, INC. et al.

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CIVIL ACTION
NO. 16-3623

ORDER
AND NOW, this 13th day of December, 2016, upon consideration of a partial motion to
dismiss and a partial motion for summary judgment from Samsung Electronics America, Inc. and
Samsung Electronics Co., Ltd., Dkt. No. 18, plaintiff Rose Wagner’s response, Dkt. No. 20, and
defendants’ reply, Dkt. No. 24, it is ORDERED that defendant’s motion is GRANTED in part
and DENIED in part as follows:
1. Defendant’s motion is GRANTED with respect to Count V of plaintiff’s complaint.
Count V is DISMISSED.
2. Defendant’s motion is GRANTED with respect to Count VIII of plaintiff’s complaint.
Count VIII is DISMISSED.
3. Defendant’s motion is DENIED in all other respects without prejudice to defendant’s
filing a subsequent motion for summary judgment on Counts I–IV and V after further
discovery relevant to the preclusive effect of her insurer’s release.
If the parties believe a settlement conference would be productive they should contact my
chambers (215-597-2750) promptly.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.