Rice v. Electrolux Home Products, Inc.
Filing
126
ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that 117 Defendant Electrolux Home Products, Inc.'s Partial Motion to Dismiss is GRANTED in part and DENIED in part. Plaintiffs are GRANTED leave to amend their complaint, as indicated in the accompanying Memorandum Opinion, no later than twenty-one (21) days from the date of this Order. (See Order for complete details.) Signed by Honorable Matthew W. Brann on 2/20/2018. (jr)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ELAINE RICE and ALEX KUKICH,
Individually, and on behalf of all others
similarly situated,
No. 4:15-CV-00371
(Judge Brann)
Plaintiffs,
v.
ELECTROLUX HOME PRODUCTS,
INC.,
Defendant.
ORDER
AND NOW, this 20th day of February 2018, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Defendant Electrolux Home Products, Inc.’s Partial Motion to Dismiss (ECF
No. 117) is GRANTED in part and DENIED in part, as follows:
a. The motion is DENIED with respect to Defendant’s request to strike
Plaintiffs’ amended class definitions;
b. The motion is DENIED with respect to Plaintiff Kukich’s Tort
claims, as included in Counts Two, Three, and Seven of the
Consolidated Amended Class Action Complaint;
c. The motion is GRANTED with respect to Plaintiff Rice’s Tort-Based
Claims seeking purely Economic Damages, as including in Counts
Two, Three, and Seven. Plaintiff Rice’s claims in tort for both
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economic and non-economic losses, on behalf of herself and those
similarly situated, remain severed in accordance with my
Memorandum Opinion of July 28, 2015, with all economic losses
resulting solely from damage to the product itself being dismissed.
d. The motion is GRANTED with respect to Plaintiff Kukich’s claim for
Breach of the Implied Warranty of Merchantability (Count Five).
Said dismissal is with prejudice;
e. The Motion is GRANTED with respect to Plaintiff Kukich’s Breach
of Express Warranty claim (Count Six), and his claim under the
Magnuson Moss Warranty Act (Count Four). Leave to amend,
however, is granted to the extent Plaintiff can correct the deficiencies
outlined in the accompanying Memorandum Opinion; and
f. The motion is DENIED with respect to Plaintiff Kukich’s Declaratory
Relief Claim (Count One).
2. Plaintiffs are GRANTED leave to amend their complaint, as indicated in the
accompanying Memorandum Opinion, no later than twenty-one (21) days
from the date of this Order.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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