Opinion
CIVIL ACTION NO. 12-1326
11-02-2012
DAVID FLEISHER, MICHAEL CLIME, GARY IPPOLITO, ROBERT L. LIVINGSTON, and DAVID TAILLON, on behalf of themselves and all others similarly situated v. FIBER COMPOSITES, LLC
ORDER
AND NOW, this 2nd day of November, 2012, upon consideration of Defendant Fiber Composites, LLC's ("Fiber") Motion to Dismiss (Docket No. 15), and all documents filed in connection thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that the Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows:
1. Fiber's Motion for Leave to File a Reply Memorandum (Docket No. 20) is GRANTED.
2. Fiber's Motion to Dismiss is DENIED as to Claims I, III, VIII, and IX; and is DENIED as to Claims V, VI, and VII to the extent that the First Amended Complaint alleges a deceptive act based on failure to disclose a latent defect.
2. Fiber's Motion to Dismiss is GRANTED as to Claims II and IV, and Claims II and IV are DISMISSED.
3. Plaintiffs' request for leave to amend the First Amended Complaint as to Claim II is GRANTED, and Plaintiffs shall file their amendment to the Complaint within 14 days of the date of this Order.
BY THE COURT:
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John R. Padova, J.