RODVILL et al v. BAYER, CORP. et al

Filing 44

ORDER THAT THE DEFENDANTS' OMNIBUS MOTION TO DISMISS AND THE SEPARATE BUT IDENTICAL MOTION TO DISMISS FILED IN 17-CV-2915 ARE GRANTED IN PART AND DENIED AS FOLLOWS: THE MOTIONS ARE GRANTED TO THE EXTENT THAT THEY SEEK THE DISMISSAL OF THE PORTIO N OF THE NEGLIGENT MISREPRESENTATION CLAIM IN COUNT IV THAT RESTS ON THE STATEMENTS IN PARAGRAPHS 208(m)-(v), (x)-(z), (aa)-(bb), AND (dd)-(ff); IN ALL OTHER RESPECTS THE MOTIONS ARE DENIED. SIGNED BY HONORABLE JOHN R. PADOVA ON 10/3/2017; 10/3/2017 ENTERED AND COPIES E-MAILED. (tjd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ALEXANDRA DUNSTON CIVIL ACTION NO. 16-1458 v. BAYER ESSURE, INC., et al. And Related Actions NO. NO. NO. NO. NO. NO. NO. NO. NO. 16-1645 (Clarke) 16-1921 (Souto) 16-2166 (Bailey) 16-2154 (Campos) 16-2717 (Morgan) 16-3049 (Tulgetske) 16-3409 (Abbey) 16-3589 (Burgis) 16-3710 (Donahue) NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. 16-3730 (Mantor) 16-3731 (O'Donnell) 16-3732 (Gross) 16-3733 (Johnson) 16-3766 (Summerlin) 16-3767 (Rodvill) 16-3768 (Bernal) 16-3769 (Aponte) 16-4081 (Bradford) 17-2915 (Winstrom) ORDER AND NOW, this 3rd day of October, 2017, upon consideration of Defendants' Omnibus Motion to Dismiss, the separate, but identical, Motion to Dismiss filed in Winstrom v. Bayer Corp., Civ. A. No. 17-2915, and all documents filed in connection with both Motions, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that the Motions are GRANTED IN PART and DENIED IN PART as follows: 1. The Motions are GRANTED to the extent that they seek the dismissal of the portion of the negligent misrepresentation claim in Count IV that rests on the statements in Paragraphs 208(m)-(v), (x)-(z), (aa)-(bb), and (dd)-(ff), and Count IV is DISMISSED to the extent that it rests on the statements in Paragraphs 208(m)-(v), (x)-(z), (aa)-(bb), and (dd)-(ff). 2. In all other respects, the Motions are DENIED.

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