CHMM, LLC v. Freeman Marine Equipment, Inc.
|Defendant:||Freeman Marine Equipment, Inc.|
|Filed:||August 16, 2012|
|Court:||Oregon District Court|
|Office:||Portland (3) Office|
|Presiding Judge:||Janice M. Stewart|
|Nature of Suit:||Marine Product Liability|
|Cause of Action:||28:1333 Admiralty|
|Jury Demanded By:||None|
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|Date Filed||#||Document Text|
|February 7, 2013||35||ORDER: The Court ADOPTS Magistrate Judge Stewarts Findings andRecommendation 28 , GRANTS Defendant's Motion 11 to Dismiss as to Plaintiff's First through Fifth Claims for damage to property installed on and integrated into the V essel prior to its delivery by Nobiskrug to Plaintiff, GRANTS Defendant's Motion 11 as to that portion of Plaintiff's Sixth Claim alleging a breach of contract, and DENIES the remaining portions of Defendant's Motion as to Plaintiff& #039;s other claims. The Court GRANTS Plaintiff leave to file a Second Amended Complaint no later than 2/21/2013, to the extent that Plaintiff seeks tort remedies for damage to "other property" added after delivery of the Vessel by Nobiskrug to Plaintiff. If Plaintiff does not file a Second Amended Complaint, this matter will proceed on the remaining claims in Plaintiff's Amended Complaint. Signed on 02/07/2013 by Judge Anna J. Brown. (bb)|
|June 14, 2013||56||ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 51 . Accordingly, the Court GRANTS in part Defendant's Motion 41 to Dismiss Plaintiff's Second Amended Complaint as to that portion of Plaintiff 's Sixth Claim alleging breach of a quasi-contract, breach of express warranty, and breach of implied warranty of seaworthiness, and DENIES in partDefendant's Motion 41 to Dismiss as to that portion of Plaintiff's Sixth Claim alleging breach of the implied warranties of merchantability and fitness for the intended purpose. Signed on 06/14/2013 by Judge Anna J. Brown. See attached 2 page Order for full text. (bb)|
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