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13-1570 - DUROCHER et al v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al


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13-1570 - DUROCHER et al v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al
March 31, 2015
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ORDER granting in part and denying in part 76 Motion to Dismiss for Failure to State a Claim. Defendants motion to dismiss plaintiffs claims for Medical Monitoring is GRANTED WITH PREJUDICE. Defendants motion to dismiss plaintiffs common-law negligence claim is GRANTED WITH PREJUDICE. Defendants motion to dismiss plaintiffs products liability claim related to an alleged design defect is DENIED. Defendants motion to dismiss plaintiffs products liability claim related to an alleged manufacturing defect is GRANTED WITHOUT PREJUDICE. Defendants motion to dismiss plaintiffs products liability claim related to an alleged failure to warn is DENIED. Defendants motion to dismiss plaintiffs products liability claims based on proximate cause is DENIED. Defendants motion to dismiss Easton-Bell Sports, Inc is DENIED. Defendants motion to dismiss Easton-Bell Sports LLC; EB Sports Corp; and RBG Holdings Corp is GRANTED WITHOUT PREJUDICE. Defendants motion to dismiss plaintiffs SAC based on the statute of limitations is DENIED. Signed by Judge Sarah Evans Barker on 3/31/2015. (CBU)
March 31, 2015
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ORDER granting 78 Motion to Strike Class Allegations. Plaintiffs' class allegations contained in paragraphs 154-63 of the SAC are accordingly stricken. Plaintiffs are allowed an opportunity to recast their proposed class by filing an amended complaint within 20 days from the date of this Order. Signed by Judge Sarah Evans Barker on 3/31/2015. (CBU)
September 28, 2016
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ORDER - The Court GRANTS IN PART AND DENIES IN PART the Defendants' motion to dismiss the TAC Dkt. No. 111. The Court STRIKES the Plaintiffs' TAC, at Dkt. No. 109. The Court DISMISSES WITH PREJUDICE the Plaintiffs' product liability claim related to any alleged manufacturing defect. The Court DISMISSES WITHOUT PREJUDICE the Plaintiffs' claims against defendants Easton-Bell Sports, LLC, EB Sports Corporation, and RBG Holdings Corporation. The Defendants' motion to strike class allegations Dkt. No. 113 is DENIED AS MOOT *** SEE ORDER FOR FURTHER INSTRUCTIONS ***. Signed by Judge Sarah Evans Barker on 9/28/2016. (CKM)