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16-1351 - O'Reilly v. BJ's Wholesale Club, Inc.


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16-1351 - O'Reilly v. BJ's Wholesale Club, Inc.
July 17, 2017
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ORDER. For the reasons stated herein, the motion to dismiss 25 is GRANTED in part and DENIED in part. The Court GRANTS Defendant's 12(b)(6) motion to dismiss as to Plaintiff's time-barred negligence claim (Count Two), DENIES Defendant's 12(b)(1) and 12(b)(2) motions for lack of personal and subject matter jurisdiction, and DENIES Defendant's motion to dismiss Plaintiff's class allegations. The case will proceed as to the breach of contract claim (Count One) and the CUTPA claim (Count Four). Signed by Judge Michael P. Shea on 7/17/17. (Tegeler, D.)
March 15, 2018
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ORDER. For the reasons discussed in the attached, Plaintiff's 35 Motion for Summary Judgment is DENIED. Defendant's 44 Motion for Summary Judgment is GRANTED. The case is dismissed. The Clerk is directed to close this case. Signed by Judge Michael P. Shea on 3/15/2018. (Taykhman, N.)