Reichardt et al v. Electrolux Home Products Inc

Filing 84

Court Minutes and Order from Oral Argument held 1/11/22 before Judge Brett H Ludwig. The Court granted in part and denied in part 55 Motion to Dismiss and set a Status Conference for 2/9/2022 at 09:00 AM in by Telephone before Judge Brett H Ludwig. To appear, call the Courts conference line at 1-866-434-5269, and enter access code 1737450# before the scheduled hearing time. (Tape #11:03 - 11:53.) (MP)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
Court Minutes and Order
HEARING DATE:
JUDGE:
CASE NO.:
CASE NAME:
MATTER:
APPEARANCES:

January 11, 2022
Brett H. Ludwig
17-cv-0219-bhl
Reichardt et al v. Electrolux Home Products, Inc.
Motion to Dismiss Hearing
Mitchell M. Breit and Mark E. Silvey, Attorneys for Plaintiffs
Hays Doan and Galen D. Bellamy, Attorneys for Defendant
TIME:
11:03 a.m. – 11:53 a.m.
COURTROOM DEPUTY: Melissa P.
AUDIO OF THIS HEARING IS AT ECF NO. 83

Counsel for the parties reported on the status of the case and their opinions as to how the
case should proceed. The Court issued an oral ruling on Defendant’s long-pending partial
motion to dismiss. (ECF No. 55.) For the reasons stated on the record, the motion is granted in
part and denied in part.
IT IS HEREBY ORDERED that Defendant’s partial motion to dismiss (ECF No. 55)
under Fed. R. Civ. P. 12(b)(6) is GRANTED in part and DENIED in part. The motion is
DENIED with respect to Counts I (Magnuson-Moss Warranty Act), IV (Strict Liability – Design
Defect), V (Strict Liability – Failure to Warn), VIII (Breach of Express Warranty under
Wisconsin law), X (Maryland Consumer Protection Act), XII (Breach of Express Warranty
under Maryland law), XIII (Ohio Product Liability Act), XV (Breach of Express Warranty under
Ohio law), XVII (Illinois Consumer Fraud and Deceptive Practices Act), and XIX (Breach of
Express Warranty under Illinois law). The motion is GRANTED with respect to Counts III
(Breach of Implied Warranty of Merchantability), VI (Fraudulent Concealment), VII (Wisconsin
Deceptive Trade Practices Act), IX (Breach of Implied Warranty under Wisconsin law), XI
(Breach of Implied Warranty under Maryland law), XIV (Ohio Consumer Sales Practices Act),
XVI (Breach of Implied Warranty under Ohio law), XVIII (Illinois Uniform Deceptive Trade
Practices Act), and XX (Breach of Implied Warranty under Illinois law).
IT IS FURTHER ORDERED that a status conference will be held on February 9,
2022 at 9:00 a.m. Central Time, by telephone. No later than seven days prior to the

Case 2:17-cv-00219-BHL Filed 01/11/22 Page 1 of 2 Document 84

conference, the parties must file a status report, including a revised 26(f) discovery plan and
schedule and an update on the parties’ settlement discussions, including whether they are
interested in mediation before a Magistrate Judge. To appear, call the Court’s conference line at
1-866-434-5269, and enter access code 1737450# before the scheduled hearing time.
Dated at Milwaukee, Wisconsin on January 11, 2022.
s/ Brett H. Ludwig
BRETT H. LUDWIG
United States District Judge

Case 2:17-cv-00219-BHL Filed 01/11/22 Page 2 of 2 Document 84