BRITAX CHILD SAFETY, INC. v. NUNA INTERNATIONAL B.V. et al

Filing 34

OPINION/ORDER THAT DEFENDANTS' MOTION TO DISMISS NO. 26 IS DENIED; THE PARTIES SHALL COMPLETE ANY DISCOVERY BY 9/8/18; AND DEFENDANTS SHALL FILE AN ANSWER TO THE AMENDED COMPLAINT ON OR BEFORE 9/8/18. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/26/18. 7/27/18 ENTERED AND COPIES E-MAILED. (ky, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ BRITAX CHILD SAFETY, INC., Plaintiff, : : : v. : : NUNA INTERNATIONAL B.V. and : NUNA BABY ESSENTIALS, INC, : Defendants. : ____________________________________ No. 5:17-cv-02724 ORDER AND NOW, this 26th day of July, upon consideration of Defendants’ Motion to Dismiss, ECF No. 26, and for the reasons expressed in the Opinion issued this date, IT IS ORDERED THAT: 1. Defendants’ Motion is DENIED to the extent that it seeks to dismiss Plaintiff’s claims pursuant to Rule 12(b)(6). 2. Defendants’ Motion under Rule 12(b)(2) is DENIED without prejudice in all other respects, subject to Defendants’ right to renew the Rule 12(b)(2) motion at the close of jurisdictional discovery. 3. The parties shall complete any discovery relevant to this Court’s jurisdiction by September 8, 2018. 4. Defendants shall file an answer to the Amended Complaint or any renewed 12(b)(2) motion to dismiss for lack of jurisdiction on or before September 8, 2018. BY THE COURT: /s/ Joseph F. Leeson, Jr.________ JOSEPH F. LEESON, JR. United States District Court 072618

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