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17-093 - Manemeit v. Gerber Products Co.


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17-093 - Manemeit v. Gerber Products Co.
August 2, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 18 Motion to Dismiss; denying 18 Motion to Strike. The Court consolidates the Greene and Manemeit actions for purposes of deciding this motion. For the reasons discussed in the attached Memorandum and Order, the Court declines to dismiss or stay the Greene Complaint pursuant to the primary jurisdiction doctrine, grants Defendant's motion to dismiss Plaintiffs' claims under the OCSPA and ODTPA, and denies Defendant's motion to dismiss Plaintiffs' claims under the NCDTPA. As to the Manemeit Complaint, the Court denies Defendant's motion to dismiss the claims brought pursuant to sections 349 and 350 of the GBL. As to the Greene and Manemeit Complaints, thon to dismiss the fraudulent concealment, intentional misrepresentation and negligent misrepresentation claims. Ordered by Judge Margo K. Brodie on 8/2/2017. (Haji, Sara)e Court finds that Plaintiffs lack standing to seek injunctive relief; grants Defendant's motion to dismiss the unjust enrichment claims; denies Defendant's motion to strike the nationwide class allegations; and denies Defendant's moti