Mendoza et al v. Electrolux Home Products, Inc.

Filing 155

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiffs' motion for partial reconsideration or in the alternative for interlocutory appeal is granted in part and denied in part; the Court reconsiders its January 15, 2020 decision to dismiss with prejudice Plaintiffs Erika Mendoza and James Hunts three Causes of Action as asserted against Defendant Midea Microwave and Electrical Appliances Manufactured Company, Limited and against Defendant Sharp Appliances Thailand Limited. These claims are reinstated for the purpose of retransfer. Mendoza and Hunts entire action is retransferred to the Eastern District of California. (Please see order for further/complete details.) Signed by Honorable Matthew W. Brann on 8/13/2020. (lg)

Case 4:17-cv-02028-MWB Document 155 Filed 08/13/20 Page 1 of 4

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

ORDER
AND NOW, this 13th day of August 2020, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Plaintiffs’ Motion for Partial Reconsideration, Or, In the Alternative,
For Interlocutory Appeal Pursuant To 28 U.S.C. § 1292(b), Doc. 250,
is GRANTED IN PART AND DENIED IN PART.

2.

The Court reconsiders its January 15, 2020 decision to dismiss with
prejudice Plaintiffs Erika Mendoza and James Hunt’s First and
Second Causes of Action. To the extent that these Causes of Actions
are not asserted against Defendant Midea Microwave and Electrical

Case 4:17-cv-02028-MWB Document 155 Filed 08/13/20 Page 2 of 4

Appliances Manufactured Company, Limited and against Defendant
Sharp Appliances Thailand Limited, these Causes of Action are
reinstated and dismissed without prejudice. Plaintiffs may amend
their complaint and assert these Causes of Action again. Plaintiffs
may file their amended complaint by August 27, 2020.
3.

The Court reconsiders its January 15, 2020 decision to dismiss with
prejudice Plaintiffs Erika Mendoza and James Hunt’s three Causes of
Action as asserted against Defendant Midea Microwave and Electrical
Appliances Manufactured Company, Limited and against Defendant
Sharp Appliances Thailand Limited. These claims are reinstated for
the purpose of retransfer.

4.

Mendoza and Hunt’s entire Action is retransferred to the Eastern
District of California.

5.

The Court reconsiders its January 15, 2020 decision to dismiss with
prejudice Plaintiff Dean Mauro’s First Cause of Action as asserted
against Defendants Electrolux Home Products, Inc. and Lowe’s Home
Centers, LLC. This Cause of Action is reinstated and dismissed
without prejudice. Plaintiffs may amend their complaint and assert
this Cause of Action again as against Defendants Electrolux Home
Products, Inc. and Lowe’s Home Centers, LLC.

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Case 4:17-cv-02028-MWB Document 155 Filed 08/13/20 Page 3 of 4

6.

With respect to the Court’s reconsideration of Plaintiff Mauro’s First
Cause of Action, Plaintiffs may file their amended complaint by
August 27, 2020. If no amended complaint is filed by that date, the
action will be summarily dismissed pursuant to Fed. R. Civ. P. 41(b).

7.

For the avoidance of doubt, all other aspects of relief that Plaintiffs
have raised in their Motion for Partial Reconsideration, Or, In the
Alternative, For Interlocutory Appeal are DENIED.

8.

Plaintiffs’ Motion Pursuant to Federal Rule of Civil Procedure 60(b)
Seeking Relief From This Court’s Final Order Dismissing Plaintiff
Rice’s Tort-Based Claims With Prejudice, Doc. 264, is DENIED.

9.

Plaintiff Elaine Rice’s Seventh Cause of Action is DISMISSED
WITH PREJUDICE to the extent that this claim is for pure
economic loss.

10.

The Court’s January 15, 2020 Order, Doc. 248, is VACATED to the
extent that it is inconsistent with the above.

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Case 4:17-cv-02028-MWB Document 155 Filed 08/13/20 Page 4 of 4

IT IS FURTHER ORDERED that the caption is amended as follows:
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; 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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