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16-3068 - Lowe v. Burlington Stores Inc


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16-3068 - Lowe v. Burlington Stores Inc
March 7, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Pursuant to 28 U.S.C. ยง 636(b), the district court referred this case to the United States Magistrate Judge for pretrial management. The district court should GRANT Defendant's Partial Motion to Dismiss [ECF No. 7] dismissing Plaintiff's following claims: products liability; breach of implied warranty; breach of express warranty; breach of contract; battery; assault; and violations of the Deceptive Trade Practices Act. The District court should sua sponte dismiss Plaintiff's negligence, res ipsa loquitur, and vicarious liability claims. (see order) (Ordered by Magistrate Judge Paul D Stickney on 3/7/2017) (mcrd)
March 29, 2017
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Order Accepting 27 Findings and Recommendations re: 7 Motion to Dismiss filed by Burlington Stores Inc. Defendant's 7 Partial Motion to Dismiss is GRANTED. The Court dismisses Plaintiff's following claims: products liability; breach of implied warranty; breach of express warranty; breach of contract; battery; assault; and violations of the Deceptive Trade Practices Act. Defendant's 24 Motion to Strike is DENIED as moot. Plaintiff is ORDERED to file a response to the court's sua sponte motion for dismissal within 21 days from the date of entry of this order. Defendant is directed not to file a responsive brief unless ordered by the Court to do so. (Ordered by Judge Jane J. Boyle on 3/29/2017) (epm)