Bearden et al v. Honeywell International Inc.
Filing
58
ORDER: For the reasons expressed in the accompanying Memorandum, the Motion to Strike Class Allegations and to Dismiss filed by defendant Honeywell International Inc. 41 is GRANTED IN PART and DENIED IN PART. Count V of the Second Amended Complaint 39 is hereby DISMISSED. Count IX of the Second Amended Complaint may not be maintained on behalf of the putative class, and the following material is hereby STRICKEN from that count: the entirety of Paragraph 212; the phrase "and other member s of the Class" from Paragraph 216; and the phrase "and Class members" from Paragraphs 217-19. The plaintiffs will not be granted leave to further amend their complaint. A Case Management Conference will be held in Judge Trauger's chambers on 9/10/2010 at 1:30 p.m. Signed by District Judge Aleta A. Trauger on 8/16/10. (dt)
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JAMES BEARDEN AND SHEILA BEARDEN, ) individually and on behalf of all others similarly ) situated, ) ) Plaintiffs, ) ) v. ) ) HONEYWELL INTERNATIONAL INC., ) ) Defendant. ) ORDER For the reasons expressed in the accompanying Memorandum, the Motion to Strike Class Allegations and to Dismiss filed by defendant Honeywell International Inc. (Docket No. 41) is GRANTED IN PART and DENIED IN PART. Count V of the Second Amended Complaint (Docket No. 39) is hereby DISMISSED. Count IX of the Second Amended Complaint may not be maintained on behalf of the putative class, and the following material is hereby STRICKEN from that count: the entirety of Paragraph 212; the phrase "and other members of the Class" from Paragraph 216; and the phrase "and Class members" from Paragraphs 217-19. The plaintiffs will not be granted leave to further amend their complaint. A Case Management Conference will be held in Judge Trauger's chambers on September 10, 2010 at 1:30 p.m. It is so Ordered.
Case No. 3:09-01035 Judge Trauger
Entered this 16th day of August 2010. _____________________________ ALETA A. TRAUGER United States District Judge
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