Carrado et al v. Daimler AG et al
| Natalie Carrado, Brittany Jolin, Alexander Nemers and Estate of Cheri Marie Jolin |
| Daimler AG, Mercedes-Benz USA, LLC, Penske Automotive Group, Inc., Magna International, Inc., Magna Seating, Inc., Intier Automotive of America, Inc. and Magna Seating of America, Inc. |
| 1:2017cv03080 |
| December 20, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| Douglas |
| Michael J. Watanabe |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
86
ORDER Granting in Part Defendants' Motions to Dismiss. MBUSA's Motion to Dismiss (ECF No. 31 ) and Daimlers Amended Motion to Dismiss (ECF No. 77 ) are GRANTED IN PART and Plaintiffs Third Claim (Breach of Warranty) and Seventh Claim (C olorado Consumer Protection Act) are DISMISSED without prejudice. Should Plaintiffs believe themselves in a position to plausibly plead facts which would cure the pleading deficiencies noted in this Order, they are free to promptly file a motion seeking leave to file an amended complaint reflecting same. MBUSA' s Motion to Dismiss and Daimler's Amended Motion to Dismiss are DENIED in all other respects. ORDERED by Judge William J. Martinez on 9/24/2018. (angar, )
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