PUNCH et al v. DOLLAR TREE STORES, INC
| TONY PUNCH and JENNIE PUNCH |
| DOLLAR TREE STORES, INC |
| 1:2012cv00154 |
| July 6, 2012 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Warren |
| Susan Paradise Baxter |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
224
MEMORANDUM ORDER. Defendant Dollar Connection's Motion for Summary Judgment Based on Statute of Limitations (Doc. 166 ) is GRANTED; Defendant Dollar Connection's Motion for Summary Judgment Based on Spoliation Doc. ( 167 ) is DENIED; Defen dant Dollar Connection's Motion for Summary Judgment as to Plaintiffs' Design Defect Claims (Doc. 171 ) is DENIED; Defendant Dollar Connection's Motion for Summary Judgment as to Plaintiffs' Failure to Warn Claims (Doc. 174 ) is GRANTED; Defendants Dollar Tree and Greenbrier's Motion for Summary Judgment (Doc. 177 ) is GRANTED as to Plaintiffs' failure to warn claims sounding in strict liability and negligence, and it is DENIED as to Plaintiffs' negligent an d strict liability design defect claims, and as to spoliation; and the Magistrate Judge's Report and Recommendation is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 3/29/17. (dcd) Staff note: The paper Order associated with this docket entry contains additional legal analysis.
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Filing
164
MEMORANDUM ORDER. Dollar Tree Store, Inc.'s and Greenbrier International, Inc.'s Motion (Doc. 134 ) for summary judgment against Dollar Connection, Ltd., is DENIED, and the Magistrate Judge's Report and Recommendation (Doc. 159 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 6/2/16. (dcd)
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Filing
157
MEMORANDUM ORDER. Dollar Connection's Partial Motion to Dismiss (Doc. 91 ) Plaintiffs' Third Party Complaint is DENIED, consistent with the analyses in Magistrate Judge's Report and Recommendation (Doc. 145 ), said Report being adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 12/2/15. (dcd)
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Filing
129
MEMORANDUM ORDER. Having carefully reviewed all of the relevant materials, the Court concludes that Magistrate Judge Baxter's rulings regarding the medical/educational records of Plaintiffs' other children were neither clearly erroneous nor contrary to law. Accordingly, Dollar Connection's Objections (Doc. 128 ) are OVERRULED, and Judge Baxter's rulings are AFFIRMED. Signed by Judge Cathy Bissoon on 7/21/15. (dcd)
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Filing
124
MEMORANDUM ORDER. Having carefully reviewed the transcript of the Motions Hearing on 6/17/15 (see Doc. 118 ), the Court concludes that Magistrate Judge Baxter's ruling regarding the subpoenas directed to Plaintiffs' former counsel was neither clearly erroneous nor contrary to law. Accordingly, Dollar Connection's Objections (Doc. 119 ) are OVERRULED, and Judge Baxter's ruling is AFFIRMED. Signed by Judge Cathy Bissoon on 7/2/15. (dcd)
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Filing
54
MEMORANDUM ORDER. The Third Party Defendant's Motion to Dismiss (Doc. 41 ) is DENIED, as described in the Magistrate Judge's Report and Recommendation (Doc. 51 ), which hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 12/15/14. (dcd)
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Filing
24
MEMORANDUM ORDER: AND NOW, this 8th Day of April, 2013; IT IS ORDERED that the Defendant's motion 22 for leave to file supplemental authority in support of its Rule 12(b)(6) motion shall be, and hereby is, GRANTED. IT IS FURTHER ORDERED that the Defendant's motion to dismiss Plaintiffs' claims premised on strict liability 13 shall be, and hereby is, DENIED. The Report and Recommendation of Magistrate Judge Baxter, filed on January 24, 2013 19 , is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 4/8/2013. (kas)
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