Capece v. Hess-Maschinenfabrik GmbH & Co. KG

Filing 49

ORDER 1. Defendant's Motion for Summary Judgment (Doc. 29) is GRANTED IN PART AND DENIED IN PART; to wit: a. The motion is DENIED as to Count I, Count II, and Plaintiffs breach of express warranty claim in Count III. b. The motion is GRANTED as to Plaintiffs breach of implied warranty claim in Count III. 2. Atelephone scheduling conference will be held on Friday, April 3, 2015, at 2:00 p.m. Counsel for Plaintiff is responsible for arranging the call to [phone], and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 3/20/15. (jfg)

THE UNITED STATES DIS'rRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH CAPECE
Plaintiff

v.

3:12·CV·1542
(JUDGE MARIANI)

HESS MASCHINENFABRIK GmbH &
CO. KG
Defendant
ORDER
AND NOW, THIS 20TH DAY OF MARCH, 2015, upon consideration of Defendant Hess
Maschinefabrik GmbH &Co.KG's Motion for Summary Judgment (Doc. 29) and all accompanying
briefs, IT IS HEREBY ORDERED THAT:
1. Defendant's Motion for Summary Judgment (Doc. 29) is GRANTED IN PART AND DENIED

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IN PART; to wit:

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a. The motion is DENIED as to Count I, Count II, and Plaintiffs breach of express

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warranty claim in Count III.

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b. The motion is GRANTED as to Plaintiffs breach of implied warranty claim in Count III.
2. A telephone scheduling conference will be held on Friday, April 3, 2015, at 2:00 p.m.
Counsel for Plaintiff is responsible for arranging the call to [phone], and all parties
should be ready to proceed before the undersign

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Robert D. M . ___.....______
United States District Judge