COOPER-BOOTH TRANSPORTATION COMPANY, L.P. v. DAIMLER TRUCKS OF NORTH AMERICA, LLC et al

Filing 29

ORDER THAT DEFENDANTS 12 13 MOTIONS TO DISMISS ARE GRANTED IN PART WITH RESPECT TO COUNTS TWO AND THREE OF PLAINTIFFS COMPLAINT AND DENIED IN PART WITH RESPECT TO COUNT ONE OF PLAINTIFFS COMPLAINT. COUNT TWO OF PLAINTIFFS COMPLAINT, FOR BREACH OF IMPLIED WARRANTIES, IS DISMISSED WITH PREJUDICE. COUNT THREE OF PLAINTIFFS COMPLAINT, FOR BREACH OF CONTRACT, IS DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/23/18. 4/25/18 ENTERED AND COPIES E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
COOPER-BOOTH TRANSPORTATION
COMPANY, L.P.,

:
:
:
Plaintiff,
:
:
v.
:
:
DAIMLER TRUCKS OF
:
NORTH AMERICA, LLC, and
:
DETROIT DIESEL CORPORATION,
:
:
Defendants.
:
__________________________________________

No. 5:17-cv-3884

ORDER
AND NOW, this 23rd day of April, 2018, upon consideration of Defendant Detroit Diesel
Corporation’s Motion to Dismiss, ECF No. 12, Defendant Daimler Trucks of North America,
LLC’s Motion to Dismiss, ECF No. 13, Plaintiff’s Responses in Opposition, ECF Nos. 16-17,
Defendants’ Reply Briefs in Support, ECF Nos. 18-19, and Plaintiff’s Sur-Replies in Opposition,
ECF Nos. 23-24, and for the reasons expressed in the Opinion issued this date, IT IS
ORDERED THAT:
1. Defendants’ Motions to Dismiss are GRANTED IN PART with respect to Counts Two
and Three of Plaintiff’s Complaint and DENIED IN PART with respect to Count One of
Plaintiff’s Complaint.
2. Count Two of Plaintiff’s Complaint, for breach of implied warranties, is DISMISSED
with prejudice.

3. Count Three of Plaintiffs’ Complaint, for breach of contract, is DISMISSED without
prejudice.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge
042318