Chica-Hernandez v. Italpresse U.S.A., Inc. et al
Jose David Chica-Hernandez |
Italpresse Industrie SpA and Italpresse U.S.A., Inc. |
2:2017cv06422 |
November 3, 2017 |
US District Court for the Eastern District of New York |
Central Islip Office |
Joseph F. Bianco |
A. Kathleen Tomlinson |
Personal Inj. Prod. Liability |
28 U.S.C. ยง 1332 Diversity-Product Liability |
Plaintiff |
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Filing 96 ORDER granting in part and denying in part 79 Motion for Summary Judgment; granting in part and denying in part 84 Motion for Summary Judgment. For the reasons set forth in the attached memorandum and order, Defendants' motions to exclude P laintiff's expert's testimony is denied as to his opinion on design defect, and as to his opinion on the adequacy of the warnings. Defendants' motions for summary judgment are granted as to Plaintiff's manufacturing defect and br each of express and implied warranty claims, which are dismissed. Defendants' motions for summary judgment are denied as to Plaintiff's design defect and failure to warn claims. Defendant Italpresse U.S.A., Inc.'s motion for summary judgment on its cross claim for indemnification against Defendant Italpresse S.P.A. is denied without prejudice.The parties are directed to appear for a telephone conference with the undersigned on April 1, 2022 at 10:00 a.m. to advise the Court how they plan to proceed with this case, and to contact Magistrate Judge Scanlon by close of business on March 14, 2022 to arrange for a settlement conference and the completion of a Final Joint Pre-Trial Order. Judge Scanlon's schedule permitting, the parties should schedule a settlement conference before the April 1st conference with the undersigned. Ordered by Judge Kiyo A. Matsumoto on 3/13/2022. (Ahn, Lois) |
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