Budach v. NIBCO Inc.

Budach v. NIBCO Inc.

Plaintiff:	Sam Budach
Defendant:	NIBCO Inc.
Case Number:	2:2014cv04324
Filed:	December 11, 2014
Court:	US District Court for the Western District of Missouri
Office:	Jefferson City Office
County:	Boone
Presiding Judge:	Matt J. Whitworth
Nature of Suit:	Tort Product Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 6, 2015	Filing 78 ORDER entered by Judge Nanette Laughrey. Defendant NIBCO's Motion to Dismiss [Doc. 53 ] is granted in part and denied in part. (Rosenbaum, Daniel)
June 22, 2015	Filing 44 ORDER. Defendant NIBCO, Inc.'s motion to dismiss [Doc. 24] is granted in part and denied in part, as follows: The motion is granted with respect to Count I (Breach of Express Warranty), Count II (Breach of Implied Warranty of Merchantability), Count III (Breach of Implied Warranty of Fitness for a Particular Purpose), and Count VI (Unjust Enrichment). The motion is granted with respect to the portion of Count IV (Negligence) that is precluded by the economic loss doctrine, specifically, th e portion seeking to recover the cost of repairing or replacing the PEX Product. The motion is denied with respect to the remainder of Count IV. The motion is granted with respect to the portion of Count VII (Declaratory and Injunctive Relief) seek ing injunctive relief, and denied with respect to any claim for declaratory relief. The motion is granted with respect to Count V (Violation of the Missouri Merchandising Practices Act). Budach's motion for leave to file his proposed First Amended Complaint [Doc. 41] is denied. However, within 14 days, Budach may file an amended complaint that is consistent with this Order. Signed on 6/22/15 by District Judge Nanette K. Laughrey. (Matthes, Renea)

Date Filed

Document Text

November 6, 2015

Filing 78 ORDER entered by Judge Nanette Laughrey. Defendant NIBCO's Motion to Dismiss [Doc. 53 ] is granted in part and denied in part. (Rosenbaum, Daniel)

June 22, 2015

Filing 44 ORDER. Defendant NIBCO, Inc.'s motion to dismiss [Doc. 24] is granted in part and denied in part, as follows: The motion is granted with respect to Count I (Breach of Express Warranty), Count II (Breach of Implied Warranty of Merchantability), Count III (Breach of Implied Warranty of Fitness for a Particular Purpose), and Count VI (Unjust Enrichment). The motion is granted with respect to the portion of Count IV (Negligence) that is precluded by the economic loss doctrine, specifically, th e portion seeking to recover the cost of repairing or replacing the PEX Product. The motion is denied with respect to the remainder of Count IV. The motion is granted with respect to the portion of Count VII (Declaratory and Injunctive Relief) seek ing injunctive relief, and denied with respect to any claim for declaratory relief. The motion is granted with respect to Count V (Violation of the Missouri Merchandising Practices Act). Budach's motion for leave to file his proposed First Amended Complaint [Doc. 41] is denied. However, within 14 days, Budach may file an amended complaint that is consistent with this Order. Signed on 6/22/15 by District Judge Nanette K. Laughrey. (Matthes, Renea)

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Plaintiff: Sam Budach
Represented By:	Michael J. Flannery
Represented By:	Robert K Shelquist
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Defendant: NIBCO Inc.
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