MCCRACKEN v. R.J. REYNOLDS TOBACCO COMPANY et al

Filing 53

ORDER THAT DEFTS CREW, LEVIN, & TAYLOR'S MOTION TO DISMISS (ECF DOC. NO. 36) IS GRANTED, ETC. DEFTS ITG BRANDS AND R.J. REYNOLDS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (ECF DOC. NO. 37) IS GRANTED IN PART & DENIED IN PART, ETC. DEFT ITG BRANDS AND R.J. REYNOLDS SHALL ANSWER REMAINING ALLEGATIONS NO LATER THAN 6/5/2018. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/21/18. 5/21/18 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE AND UNREPRESENTED PARTIES.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TED A. MCCRACKEN

CIVIL ACTION

v.

NO. 17-4495

R.J. REYNOLDS TOBACCO
COMPANY, et al.

ORDER
AND NOW, this 21st day of May 2018, upon considering Defendants' Motions to

dismiss (ECF Doc. Nos.

36, 37) the Second Amended Complaint, the pro se Plaintiffs

Oppositions (ECF Doc. No. 46, 47) and for reasons in the accompanying Memorandum, it is
ORDERED:

1.

Defendants Crew, Levin, and Taylor's Motion to dismiss (ECF Doc. No. 36) is

GRANTED and we dismiss them without prejudice to Plaintiff moving to timely amend under

Fed. R. Civ. P. 15 after adducing proof of personal jurisdiction;
2.

Defendants ITG Brands and R.J. Reynolds' Motion to dismiss for failure to state a

claim (ECF Doc. No. 37) is GRANTED in part and DENIED in part and all of Plaintiffs
claims against ITG Brands and R.J. Reynolds are dismissed without prejudice except Plaintiff
may now proceed into discovery on his claims for:
a.

"failure to warn" against ITG Brands for alleged 1966-1969 conduct;

b.

"design defect" against ITG Brands and R.J. Reynolds for allegedly

adding "excessive nicotine" to increase addiction; and,
3.

Defendant ITG Brands and R.J. Reynolds shall answer these remaining

allegations no later than June 5, 2018.