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17-407 - FRAZIER INDUSTRIAL COMPANY v. MIKE'S FIVE STAR TRUCK WASH, INC.


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17-407 - FRAZIER INDUSTRIAL COMPANY v. MIKE'S FIVE STAR TRUCK WASH, INC.
April 25, 2017
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ORDER - The parties are ORDERED to conduct whatever investigation is necessary and file a joint jurisdictional statement by May 5, 2017, properly setting forth each party's citizenship and whether the amount in controversy exceeds $75,000, exclusive of interest and costs. If agreement cannot be reached on the contents of a joint jurisdictional statement, competing statements must be filed by that date. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/25/2017.(JRB)
February 20, 2018
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ORDER - Plaintiff Frazier Industrial Company ("Frazier") manufactures and sells commercial steel racking systems. Defendant Mike's Five Star Truck Wash, Inc. ("Mike's") is a truck washing facility in Indiana. Defendant DuBois Chemicals, Inc. ("DuBois") manufactures a cleaning solution that is utilized by Mike's and subject to the Indiana Products Liability Act. This matter arises from a dispute among the parties regarding damage allegedly caused to some of Frazier's steel racking systems after they were washed at Mike's in a process utilizing DuBois's pre-soak solution. Frazier filed suit in this Court, alleging various causes of action against Mike's and DuBois. Following its initial complaint, Frazier filed two amended complaints, with the operative Second Amended Complaint filed in August 2017. [Filing No. 44.] DuBois has filed a Motion to Dismiss Counts Four and Five of Frazier's Second Amended Complaint, arguing that Frazier has failed to state a claim upon which relief can be granted. [Filing No. 72.] For the reasons stated in this Order, the Court denies DuBois's Motion to Dismiss. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 2/20/2018. (APD)