Fassett et al v. Sears Holdings Corporation et al

Filing 188

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that The Motion for Summary Judgment filed by Kenmore Craftsman Diehard Intellectual Property 135 is GRANTED. Upon resolution of remaining claims in this case, the Clerk of Court is directed to enter judgment in favor of this defendant on all counts of Plaintiff's Complaint. The Motion for Summary Judgment filed by Bemis Manufacturing Company 137 is DENIED. The Motion for Summary Judgment filed by Brigg s & Stratton Corporation 139 is GRANTED IN PART and DENIED IN PART. The Motion to Exclude filed by Briggs & Stratton Corporation 143 is DENIED. The Motion for Leave to File Results of Supplemental Testing 178 is DENIED AS MOOT. (See Order for further/complete details.) Signed by Honorable Matthew W. Brann on 7/20/2018. (jr)

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

No. 4:15-CV-00941

DANIEL FASSETT, et al.,

(Judge Brann)

Plaintiffs.
v.
SEARS HOLDINGS CORPORATION,
et al.,
Defendants.

ORDER
JULY 20, 2018
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
1.

The Motion for Summary Judgment filed by Kenmore Craftsman
Diehard Intellectual Property, ECF No. 135, is GRANTED. Upon
resolution of remaining claims in this case, the Clerk of Court is directed
to enter judgment in favor of this defendant on all counts of Plaintiff’s
Complaint, ECF No. 1.

2.

The Motion for Summary Judgment filed by Bemis Manufacturing
Company, ECF No. 137, is DENIED.

3.

The Motion for Summary Judgment filed by Briggs & Stratton
Corporation, ECF No. 139, is GRANTED IN PART and DENIED IN
PART as follows:
a.

The motion is GRANTED on Count III of Plaintiff’s Complaint,
to the extent that count is based on breach of an express warranty;
but

b.
4.

The motion is otherwise DENIED.

The Motion to Exclude filed by Briggs & Stratton Corporation, ECF No.
143, is DENIED.

5.

The Motion for Leave to File Results of Supplemental Testing, ECF No.
178, is DENIED AS MOOT.

BY THE COURT:

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