Volkmann v. Intertek York - Building Products & Building Services et al

Filing 48

ORDER (Memorandum 47 filed previously as separate docket entry) GRANTING in part & DENYING in part deft Hyster's motion 7 to dismiss or for more definite stmt... (see Paras 1a-b for specifics) & DISMISSING deft United Glass's motion 11 to dismiss or for more definite stmt as MOOT in light of pltf's voluntary dismissal of United Glass from case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/17/19. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DOUGLAS K. VOLKMANN, Plaintiff v. INTERTEK YORK – BUILDING PRODUCTS & BUILDING SERVICES, d/b/a, a/k/a Architectural Testing, Inc., et al., Defendants : : : : : : : : : : : : CIVIL ACTION NO. 1:18-CV-781 (Chief Judge Conner) ORDER AND NOW, this 17th day of January, 2019, upon consideration of the motions (Docs. 7, 11) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) or, alternatively, for a more definite statement under Rule 12(e) filed by defendants Hyster-Yale Group, Inc. (“Hyster”) and United Glass & Panel Systems, Inc. (“United Glass”), and for the reasons stated in the accompanying memorandum, it is hereby ORDERED that: 1. Hyster’s motion (Doc. 7) to dismiss or for a more definite statement is GRANTED in part and DENIED in part as follows: a. The motion is GRANTED as to Count I. Count I against Hyster is DISMISSED. b. The motion is DENIED in all other respects. 2. United Glass’s motion (Doc. 11) to dismiss or for a more definite statement is DISMISSED as moot in light of Volkmann’s voluntary dismissal, (see Doc. 46), of United Glass from the above-captioned case. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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