Tuholski v. Delavan Rescue Squad, Inc. et al

Filing 118

ORDER signed by Magistrate Judge Nancy Joseph on 8/19/2014 granting 82 Motion to Dismiss; granting 98 Motion to Dismiss. (cc: all counsel) (llc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOSEPH TUHOLSKI, as Independent Administrator
of the ESTATE OF DENNIS D. TUHOLSKI and
DENNIS L. TUHOLSKI,
Plaintiffs,
v.

Case No. 13-CV-1349

DELAVAN RESCUE SQUAD, INC.,
Defendant and Third-Party Plaintiff,
and
PHILIPS MEDICAL SYSTEMS, INC., et al.,
Defendants,
v.
PHILIPS MEDICAL SYSTEMS, et al.,
Third-Party Defendants.
ORDER GRANTING MOTIONS TO DISMISS
Defendants Philips Electronics North America Corporation (“Philips”) and Delavan
Rescue Squad (“Delavan”) have moved to dismiss counts nine (negligent misrepresentation)
and eleven (punitive damages) of the plaintiffs’ fourth amended complaint. The plaintiffs do
not oppose these motions and do not oppose the Court dismissing these counts. (Docket #
117.)

NOW, THEREFORE, IT IS HEREBY ORDERED that Philips’ Motion to
Dismiss Counts Nine and Eleven of the plaintiffs’ Fourth Amended Complaint (Docket #
82) and Delavan Rescue’s Motion to Dismiss Count Eleven of the plaintiffs’ Fourth
Amended Complaint (Docket # 98) are hereby GRANTED.

Dated at Milwaukee, Wisconsin this 19th day of August, 2014.

BY THE COURT
s/Nancy Joseph_____________
NANCY JOSEPH
United States Magistrate Judge

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