Rice v. Electrolux Home Products, Inc.

Filing 25

ORDER (memorandum filed previously as separate docket entry). Dfts motion to strike (doc 8) is granted with leave to amend; Court will sua sponte strike Count Eight with prejudice; dfts motion to dismiss (doc 10) is granted in part and denied in part; plaintiff may, within 21 days, file an amended complaint (see order for complete details). Signed by Honorable Matthew W. Brann on 7/28/15. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ELAINE RICE, Individually and on
behalf of others similarly situated
Plaintiff,
v.
ELECTROLUX HOME
PRODUCTS, INC.
Defendant.

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Case No. 4:15-cv-00371

(Judge Brann)

ORDER
July 28, 2015
AND NOW, in accordance with the accompanying Memorandum, IT IS
HEREBY ORDERED THAT:
1. Defendant’s Motion to Strike the “Other States” Subclass (ECF No. 8) is
hereby GRANTED with leave to amend.
2. The Court will sua sponte STRIKE Count Eight WITH PREJUDICE.
3. Defendant’s Motion to Dismiss (ECF No. 10) is GRANTED IN PART
and DENIED IN PART. Any claims for economic losses related to the
costs to repair or replace the Microwaves in Counts Two and Three are
DISMISSED WITH PREJUDICE. Count Seven, as well as any claims
for equitable tolling, are DISMISSED WITHOUT PREJUDICE.
4. Plaintiff may, within twenty-one (21) days of this Order, file an
Amended Complaint addressing the deficiencies noted in the
accompanying Memorandum.

5. Should Plaintiff fail to file an Amended Complaint within the required
time period, the counts or causes of action that have been dismissed
without prejudice will be dismissed with prejudice and plaintiff will be
prohibited from redefining the putative classes.

BY THE COURT:

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

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