Blanding v. Walmart, Inc.

Full title: ERIC BLANDING, Plaintiff, v. WALMART INC., et al., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Jul 15, 2024

Civil Action 23-5142 (E.D. Pa. Jul. 15, 2024)

Opinion

Civil Action 23-5142

07-15-2024

ERIC BLANDING, Plaintiff, v. WALMART INC., et al., Defendants.

Pappert, J.

ORDER

Pappert, J.

AND NOW, this 15th day of July 2024, upon consideration of Walmart's Motion to Dismiss for failure to state a claim (ECF No. 54), UBesGoo's Motion to Dismiss for lack of jurisdiction or, in the alternative, failure to state a claim (ECF No. 55), Blanding's Responses in opposition to the Motions (ECF Nos. 60, 61), Blanding's Motion for leave of Court to engage in jurisdictional discovery (ECF No. 60), and all relevant filings, it is hereby ORDERED:

1. Walmart's Motion to Dismiss (ECF No. 54) is GRANTED. Blanding's failure-to-test claim against Walmart is DISMISSED with prejudice, and all other claims against Walmart are DISMISSED without prejudice.

2. UBesGoo's Motion to Dismiss for lack of jurisdiction (ECF No. 55) is DENIED without prejudice.

3. Blanding's Motion for leave of Court to engage in jurisdictional discovery (ECF No. 60) is GRANTED.

4. Blanding and UBesGoo shall conduct discovery relevant to this Court's jurisdiction over UBesGoo by August 30, 2024.

5. Blanding may file a fourth amended complaint on or before September 16, 2024.