Owens v. Winnebago Industries, Inc.

Full title: DEBORAH OWENS, Plaintiff, v. WINNEBAGO INDUSTRIES, INC., A Foreign…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Apr 3, 2006

No. 5:05CV60259 (E.D. Mich. Apr. 3, 2006)

Opinion

No. 5:05CV60259.

April 3, 2006

Order

JOHN O'MEARA, District Judge

Before the Court are Winnebago's Motion to Dismiss, General's Motion to Dismiss, Defendants' Motion to Strike Plaintiff's Motion to Dismiss Responses, and General's Motion to Compel Arbitration.

It is hereby ordered that:

1) The Court denies Defendants' Motion to Strike Plaintiff's Motion to Dismiss Responses;

2) The Court grants General's Motion to Compel Arbitration, and the claims asserted against General RV Center in plaintiff's complaint are dismissed. As a result, General's Motion to Dismiss is moot and is denied;

3) Counts III, revocation of acceptance, and VII, breach of contract, against Winnebago in plaintiff's complaint are dismissed;

4) Count VI, Violation of the Michigan Consumer Protection Act MCLA 445.901 ET SEQ., against Winnebago in plaintiff's complaint is dismissed without prejudice and plaintiff is granted _____ days, or until ______, 2006, to amend her complaint to restate this claim with specificity;

5) The Court denies Winnebago's Motion to Dismiss;

IT SO ORDERED.