PITTSBURGH LOGISTICS SYSTEMS, INC. v. LANDSTAR RANGER, INC. et al
| PITTSBURGH LOGISTICS SYSTEMS, INC. |
| LANDSTAR RANGER, INC. and AFFILIATED FM INSURANCE COMPANY |
| 2:2017cv01667 |
| December 22, 2017 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Butler |
| Cathy Bissoon |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
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MEMORANDUM ORDER. AFM's Motion to Dismiss (Doc. 3 ) is GRANTED. Accordingly, Plaintiff's claim for breach of contract as a third-party beneficiary to Affiliated FM Insurance Company's insurance contract with Balcan Plastics LTD is he reby DISMISSED without prejudice. Plaintiff's claim for unjust enrichment as a third-party beneficiary to Affiliated FM Insurance Company's insurance contract with Balcan Plastics LTD is hereby DISMISSED with prejudice. Landstar's Mo tion to Dismiss (Doc. 7 ) is GRANTED in part and DENIED in part. Plaintiff's claim for damages stemming from the cost of inspecting and replacing Balcan's equipment, as well as Balcan's shipping delay damages, are hereby DISMISSED wi thout prejudice. Defendants' Motions to Dismiss are DENIED as to all remaining claims, including Plaintiff's claim for damages incurred against Landstar Ranger, Inc. for unpaid invoices and Plaintiff's negligence claim for consequenti al damages. Given that the bulk of Plaintiff's claims have not ripened, the Court will stay this action until all of Plaintiff's claims ripen or the statute of limitations on those claims expires. Plaintiff's counsel shall move the C ourt to reopen this case after all of Plaintiff's above-mentioned claims have ripened or expired. After the Court reopens this case, the Court will issue an order with the deadline to amend the Complaint, if Plaintiff so chooses. Signed by Judge Cathy Bissoon on 08/28/2018. (alj)
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