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)

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

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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