Hanusek, et al v. FCA US LLC
| Chris Hanusek, Jesse Swafford and Brian Kochman |
| FCA US LLC |
| 3:2018cv00509 |
| February 27, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Monroe |
| Nancy J. Rosenstengel |
| Stephen C. Williams |
| Contract Product Liability |
| 15 U.S.C. ยง 2301 |
| Plaintiff |
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Filing
75
ORDER: Defendant's 18 Motion to Dismiss is GRANTED in part and DENIED in part. The motion is denied to the extent it seeks dismissal for lack of standing pursuant to Rule 12(b)(1), but granted to the extent it seeks dismissal of the warrant y claims pursuant to Rule 12(b)(2). In light of this ruling, Plaintiffs' 22 Motion to Amend/Correct is DENIED as moot. The warranty claims within counts one through three are DISMISSED with prejudice. Pursuant to footnote 2, the Clerk's O ffice is DIRECTED to TERMINATE Plaintiff Brian Kochman as a party to this action. Plaintiffs are ORDERED to file an amended complaint, on or before Monday, April 15, 2019, that properly sets forth the basis for this Court's jurisdiction over the Illinois Consumer Fraud and Deceptive Business Practices Act claim. Signed by Judge Nancy J. Rosenstengel on 3/18/2019. (bak)
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