Rice v. Electrolux Home Products, Inc.

Filing 287

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendants' 279 motion to dismiss is GRANTED IN PART AND DENIED IN PART. Defendants' answer to the complaint is due no later than 3/31/2021. Signed by Honorable Matthew W. Brann on 3/10/2021. (jr)

Case 4:15-cv-00371-MWB Document 287 Filed 03/10/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ELAINE RICE, ALEX KUKICH, 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., LOWE’S HOME CENTERS, LLC,
and ABC CORP. 1-10,
Defendants.
ORDER
AND NOW, this 10th day of March 2021, in accordance with the accompanying
Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion to Dismiss (Doc. 279) is GRANTED IN PART AND
DENIED IN PART.
a.

Plaintiff Rice’s state tort law claims (Counts 2, 3, and 7) are once
again dismissed with prejudice, but only to the extent they seek
recovery for pure economic loss.

b.

Plaintiff Mauro’s claims for violations of G.B.L. §§ 349 and 350
survive the motion to dismiss.

2.

Defendants’ answer to the complaint is due no later than March 31, 2021.
BY THE COURT:

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