Fossil Industries, Inc. v. Arjo Wiggins, USA, Inc. et al
Fossil Industries, Inc. |
Arjo Wiggins, USA, Inc. and Arjowiggins Sas |
2:2012cv02497 |
May 18, 2012 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arthur D. Spatt |
William D. Wall |
Contract Product Liability |
28 U.S.C. ยง 1332 Diversity-Product Liability |
None |
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Filing 40 ORDER granting in part and denying in part 34 Motion for Summary Judgment; It is hereby: ORDERED, that Arjo SAS is dismissed from this action without prejudice; and it is further ORDERED, that the Plaintiffs breach of contract claims are dismisse d; and it is further ORDERED, that the Plaintiffs breach of warranty claims are dismissed to the extent that they arise from the first eight shipments to the Plaintiff of Arjojet paper; and it is further ORDERED, that Arjo USAs motion is denied solel y with respect to the Plaintiffs breach of warranty claims arising from the final two shipments of Arjojet paper to the Plaintiff; and it is further ORDERED, that the Plaintiffs claim for declaratory relief is dismissed; and it is further ORDERED, th at the parties are directed to submit an amended pre-trial order to United States Magistrate Judge Steven I. Locke consistent with the above-decision within thirty days of the date of this Order; and it further ORDERED, that the Clerk of the Court is directed to amend the caption of this action to be consistent with this Order. For the purpose of clarity, the Court notes that the trial in this case will be limited to the Plaintiffs breach of warranty claims arising from its final two purchases of Arjojet paper that were shipped to the Plaintiff on June 30 and July 30, 2008, respectively. SO ORDERED by Judge Arthur D. Spatt on 9/12/15. Arjowiggins Sas terminated. (Coleman, Laurie) |
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