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14-594 - Johnsen v. Honeywell International Inc.


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14-594 - Johnsen v. Honeywell International Inc.
February 12, 2015
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Honeywell International Inc. 's Motion to Dismiss Plaintiffs Class Action Complaint [ECF No.24] is GRANTED as to Counts 2 (Breach of Warranty for a Particular Purpose), 4, 5, and 6 of Plaintiffs Amended Complaint and DENIED as to Counts 1, 2 (Breach oflmplied Warranty of Merchantability), 3, and 8. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Count 7, construed.as a Motion for More Definite Statement is GRANTED. IT IS FINALLY ORDERED that Plaintiff shall have twenty (20) days from the date of this Memorandum and Order to amend his Complaint in accordance with the foregoing. re:24 MOTION to Dismiss Case filed by Defendant Honeywell International Inc. ( Response to Court due by 3/4/2015.) Signed by District Judge Ronnie L. White on 2/12/15. (JWJ)
March 29, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Count 7 of Plaintiff's Second Amended Class Action Complaint is DENIED with regard to Plaintiffs misrepresentation claim under the MMP A and GRANTED with regard to Plaintiff's omission claim under the MMPA. Signed by District Judge Ronnie L. White on March 29, 2016. (BRP)