Chizniak et al v. Certainteed Corporation et al
||Barbara Chizniak, Wayne Bailey, Richard Willis, Larry Johnson, Jean Ducham, Jeffrey Broom and Robbie Sheets
||Certainteed Corporation and Saint-Gobain Corporation
||September 26, 2017
||US District Court for the Northern District of New York
||Andrew T. Baxter
||Frederick J. Scullin
|Nature of Suit:
||Contract Product Liability
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|January 30, 2020
MEMORANDUM-DECISION and ORDER granting 21 Motion by CertainTeed to Dismiss for Lack of Personal Jurisdiction as to Plaintiffs Bailey; Willis; Johnson; Ducham; Broom and Sheets; granting in part and denying in part 21 Motion to Dismiss for Failu re to State a Claim. Plaintiff's first cause of action is Dismissed as time-barred, except for the part of the claim that stems from CertainTeed's denial of the 2016 warranty claim and the Motion to Dismiss that claim is Denied and Plaintif f's second, third, fourth, fifth and sixth causes of action, based on alleged violations of state law, are Dismissed as time-barred; granting 22 Motion by Saint-Gobain to Dismiss for Lack of Personal Jurisdiction. This case is referred to Magistrate Judge Baxter for all further pretrial proceedings.. Signed by Senior Judge Frederick J. Scullin, Jr on 1/29/2020. (bjw, )
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