Opinion
NO. 2:11-CV-07514-WY
11-08-2012
XIA ZHAO and DAVID EHRMANN, Plaintiffs, v. SKINNER ENGINE COMPANY; FRANCIS SHAW & CO., LTD.; FRANCIS SHAW & CO. (MANCHESTER) LTD.; FRANCIS SHAW CABLE MACHINERY; BARWELL POLYMER MACHINERY CO.; POLYMER MACHINERY CO.; FARRELL CORPORATION a/k/a HF MIXING GROUP; HF RUBBER MACHINERY, INC.; and SHAR SYSTEMS, INC. Defendants.
ORDER
AND NOW, this 8th day of November 2012, upon careful consideration of defendants' motion to dismiss for lack of jurisdiction and for failure to state a claim (Doc. # 45), and plaintiffs' opposition thereto, IT IS HEREBY ORDERED that:
1. With respect to the alleged breach of an express warranty in count III, the defendants' motion to dismiss is GRANTED and that claim is DISMISSED WITH PREJUDICE.
2. Francis Shaw & Co., Ltd. and Francis Shaw Cable Machinery are DISMISSED from this suit for lack of personal jurisdiction. However, this dismissal is WITHOUT PREJUDICE to plaintiffs' right to conduct discovery into jurisdictional issues for a period of sixty days from the date of this order and submit a supplemental memorandum within ten days of the close of discovery, if plaintiffs decide to pursue these two defendants. If plaintiffs submit to the court a supplemental memorandum concerning the jurisdictional issues of said defendants, the defendants will have ten days to submit a supplemental reply memorandum to the court.
3. The remainder of the Francis Shaw defendants' motion to dismiss under Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) is DENIED.
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William H. Yohn Jr., Judge