Elfaridi et al v. Mercedes-Benz USA, LLC
| Said Elfaridi, Hend Aitoufella, Dean Jarman and Katherine Jarman |
| Mercedes-Benz USA, LLC and Daimler AG |
| 4:2016cv01896 |
| December 5, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Jefferson |
| Catherine D. Perry |
| Property Damage Product Liability |
| 23 U.S.C. ยง 134 |
| Plaintiff |
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Filing
78
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that defendants Mercedes Benz USA, LLC, and Daimler AG's motions to dismiss 46 and 64 are GRANTED as to Counts II, III, IV, VI and VII of the complaint, and those Counts are here by dismissed with prejudice. IT IS FURTHER ORDERED that Daimler AGs motion to dismiss 64 Counts I and V is GRANTED with respect to defendant Daimler AG only. In all other respects, the motions to dismiss are DENIED. IT IS FURTHER ORDERED that defe ndant Daimler AG's motion to dismiss or strike plaintiffs' request for punitive damages is DENIED as moot. As the only remaining claims are Counts I and V against Mercedes Benz USA, it shall file its answer to Counts I and V of the amended complaint within the time prescribed by the federal rules. The case will be set for a Rule 16 scheduling conference by separate Order. Signed by District Judge Catherine D. Perry on 8/27/18. (EAB)
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