A/Z Corporation v. Lowe's Home Centers, LLC

Filing 29

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Third-Party Defendant Smart Start Lighting, LLCs motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), (Doc. No. 18), is GRANTED. 18 Signed by Honorable Yvette Kane on 3/31/16. SEE ORDER FOR DETAILS. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
A/Z CORPORATION,
Plaintiff
v.
LOWE’S HOME CENTER, LLC,
Defendant
v.
SMART START LIGHTING, LLC,
Third-Party Defendant

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ORDER

No. 1:15-cv-533
(Judge Kane)

AND NOW, on this 31st day of March 2016, IT IS HEREBY ORDERED THAT
Third-Party Defendant Smart Start Lighting, LLC’s motion to dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(6), (Doc. No. 18), is GRANTED as follows:
1. Plaintiff A/Z Corporation’s unjust enrichment claim, raised in Count IV of the Rule
14(a)(3) claim (Doc. No. 11), is DISMISSED WITHOUT PREJUDICE;
2. Plaintiff A/Z Corporation’s fraud claim, raised in Count V of the Rule 14(a)(3) claim
(Doc. No. 11), is DISMISSED WITHOUT PREJUDICE;
3. Plaintiff A/Z Corporation is granted leave to amend its Rule 14(a)(3) claim, (Doc. No.
11), within thirty days of the date of this order to cure the defects noted in the
accompanying memorandum;
4. Defendant Lowe’s Home Center, LLC’s “sole liability and liability over” claims,
raised in Count II of the third party complaint (Doc. No. 6), are DISMISSED WITH
PREJUDICE; and
5. Defendant Lowe’s Home Center, LLC’s “exoneration” claim, raised in Count III of
the third party complaint (Doc. No. 6), is DISMISSED WITH PREJUDICE.

S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania