Parcell et al v. Wright Medical Technology Incorporated et al
| Dale Parcell and Kathryn L Parcell |
| Wright Medical Technology Incorporated and Wright Medical Group Incorporated |
| 2:2012cv00368 |
| February 22, 2012 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| James A Teilborg |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
22
ORDER - IT IS ORDERED granting in part and denying in part Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 12). Plaintiffs claim of Breach of Implied Warranty (Count VI) is dismissed with prejudice. Plai ntiffs' claims of Breach of Express Warranty (Count V), Negligent Misrepresentation (Count VII), and Fraudulent Misrepresentation (Count VIII) are dismissed with leave to amend. The motion is denied with respect to Plaintiffs' request for punitive damages. IT IS FURTHER ORDERED that Plaintiffs shall have 14 days from the date of this Order to file an amended complaint. Signed by Judge James A Teilborg on 7/6/12.(LAD)
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