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17-1532 - Alex et al v. T-Mobile USA Inc et al


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17-1532 - Alex et al v. T-Mobile USA Inc et al
February 9, 2018
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MEMORANDUM OPINION AND ORDER: The 8 Motion for Judgment on the Pleadings is GRANTED IN PART and DENIED IN PART, and the 22 Motion for Leave is GRANTED. Plaintiffs' breach of express warranty, misrepresentation, DTPA, and bystander claims are DISMISSED WITHOUT PREJUDICE. Plaintiffs have leave to amend their pleading, addressing those defects identified in this Order that are curable, by 3/1/2018. Because the Court's 11/2/2017, 21 Order stayed the case pending the resolution of T-Mobiles Motion for Judgment on the Pleadings, the stay is therefore LIFTED. The parties are directed to confer and submit a revised joint proposal for the contents of a scheduling order, by 3/8/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 2/9/2018) (ran)