Veolia Energy Philadelphia, Inc. v. Flowserve Us, Inc.

Filing 13

ORDERED THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. IF PLAINTIFF SEEKS TO AMEND THE COMPLAINT, IT MUST DO SO BY 5/22/2019. IF PLAINTIFF DOES NOT FILE AN AMENDED COMPLAINT BY 5/22/2019, DEFENDANT SHALL FILE ITS ANSWER TO THE COMPLAINT BY 6/12/2019. ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/30/2019. 5/1/2019 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

VEOLIA ENERGY PHILADELPHIA, INC.,
Plaintiff,
v.
FLOWSERVE US, INC.,
Defendant.

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CIVIL ACTION NO. 18-2529

ORDER
AND NOW, this 30th day of April 2019, upon consideration of Defendant Flowserve
US, Inc.’s Motion to Dismiss Veolia Energy Philadelphia Inc.’s Complaint [Doc. No. 9] and the
response and reply thereto, it is hereby ORDERED that Defendant’s Motion to Dismiss is
GRANTED in part and DENIED in part as follows:
1. Count II of Plaintiff’s Complaint is DISMISSED with prejudice as a separate
cause of action, but the Complaint shall retain the pertinent allegations within
Count II to support Plaintiff’s prayer for relief for punitive damages;
2. Plaintiff’s claims for express warranty in Counts IV and VI are DISMISSED
without prejudice and with leave to amend the Complaint so as to allege a
violation of an express warranty. If Plaintiff seeks to amend the complaint, it must
do so by May 22, 2019;
3. Defendant’s motion is DENIED in all other respects;
4. If Plaintiff does not file an amended complaint by May 22, 2019, Defendant shall
file its answer to the Complaint [Doc. No. 1] by June 12, 2019.
It is so ORDERED.
BY THE COURT:

/s/ Cynthia M. Rufe
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CYNTHIA M. RUFE, J.