Rice v. Electrolux Home Products, Inc.

Filing 248

ORDER (memorandum filed previously as separate docket entry)- IT IS HEREBY ORDERED that Defendant Sharp America's 206 Motion to Dismiss is GRANTED; Defendant Sharp Thailand's 208 Motion to Dismiss is GRANTED; Defendant Midea China' s 209 Motion to Dismiss is GRANTED; Defendant Midea America's 210 Motion to Dismiss is GRANTED; and Defendants Electrolux, Lowe's, and Modesto's 211 Partial Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. (See Order for further details.) Signed by Honorable Matthew W. Brann on 1/15/2020. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ELAINE RICE, ALEX KUKICH,
ERIKA MENDOZA, JAMES HUNT,
and DEAN MAURO, Individually,
and on behalf of all others similarly
situated,

No. 4:15-CV-00371
(Judge Brann)

Plaintiffs,
v.
ELECTROLUX HOME PRODUCTS,
INC., SHARP MANUFACTURING
COMPANY OF AMERICA, a
division of SHARP ELECTRONICS
CORPORATION; SHARP
APPLIANCES THAILAND
LIMITED; MIDEA AMERICA
CORP.; MIDEA MICROWAVE
AND ELECTRICAL APPLIANCES
MANUFACTURING CO., LTD;
LOWE’S HOME CENTERS, LLC;
MODESTO DIRECT APPLIANCE,
INC.; and ABC CORP. 1-10,
Defendants.

ORDER
AND NOW, this 15th day of January 2020, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Defendant Sharp America’s Motion to Dismiss, ECF No. 206, is
GRANTED.

2.

Defendant Sharp Thailand’s Motion to Dismiss, ECF No. 208, is
GRANTED.

3.

Defendant Midea China’s Motion to Dismiss, ECF No. 209, is
GRANTED.

4.

Defendant Midea America’s Motion to Dismiss, ECF No. 210, is
GRANTED.

5.

Defendants Electrolux, Lowe’s, and Modesto’s Partial Motion to
Dismiss, ECF No. 211, is GRANTED IN PART AND DENIED IN
PART.

6.

The Rice/Kukich Fourth Cause of Action is dismissed with prejudice
as to Plaintiff Kukich’s claim against Defendant Electrolux only.

7.

The Rice/Kukich Fifth Cause of Action is dismissed with prejudice as
to Plaintiff Kukich’s claim against Defendant Electrolux only.

8.

The Rice/Kukich Sixth Cause of Action is dismissed with prejudice as
to Plaintiff Kukich’s claim against Defendant Electrolux only.

9.

The Mendoza/Hunt First Cause of Action is dismissed with prejudice.

10.

The Mendoza/Hunt Second Cause of Action is dismissed with
prejudice.

11.

The Mendoza/Hunt Third Cause of Action is dismissed with prejudice
as to Defendants Midea America, Midea China, Sharp America, and
Sharp Thailand only.
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12.

The Mauro First Cause of Action is dismissed with prejudice.

13.

The Mauro Second Cause of Action is dismissed with prejudice.

14.

The Mauro Third Cause of Action is dismissed with prejudice.

15.

The Mauro Fourth Cause of Action is dismissed with prejudice.

16.

A telephone conference call with counsel of record will be scheduled
shortly by separate Order.

IT IS FURTHER ORDERED that the caption is amended as follows:
ELAINE RICE, ALEX KUKICH,
ERIKA MENDOZA, and
JAMES HUNT, Individually,
and on behalf of all others similarly
situated,

No. 4:15-CV-00371
(Judge Brann)

Plaintiffs,
v.
ELECTROLUX HOME PRODUCTS,
INC., LOWE’S HOME CENTERS,
LLC; MODESTO DIRECT
APPLIANCE, INC.; and
ABC CORP. 1-10,
Defendants.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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