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INCUBADORA MEXICANA, SA DE CV v. ZOETIS, INC., 15-216. (2015)

Court: District Court, E.D. Pennsylvania Number: infdco20150918894 Visitors: 12
Filed: Sep. 16, 2015
Latest Update: Sep. 16, 2015
Summary: ORDER WENDY BEETLESTONE , District Judge . AND NOW, this 16th day of September, 2015, upon consideration of Defendant Zoetis Inc.'s and Pfizer Inc.'s Motion to Dismiss Plaintiff's Amended Complaint (ECF No. 29); Plaintiffs' response thereto (ECF No. 32); and Defendants' reply (ECF No. 33), it is ORDERED that: (1) The Defendants' motions are GRANTED IN PART AND DENIED IN PART; (2) The motion to dismiss pursuant to Rule 19 is DENIED; (3) Plaintiffs' claims in Count One (negligence)
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ORDER

AND NOW, this 16th day of September, 2015, upon consideration of Defendant Zoetis Inc.'s and Pfizer Inc.'s Motion to Dismiss Plaintiff's Amended Complaint (ECF No. 29); Plaintiffs' response thereto (ECF No. 32); and Defendants' reply (ECF No. 33), it is ORDERED that:

(1) The Defendants' motions are GRANTED IN PART AND DENIED IN PART; (2) The motion to dismiss pursuant to Rule 19 is DENIED; (3) Plaintiffs' claims in Count One (negligence), Count Two (negligent hiring and supervision), Count Nine (negligent misrepresentation), and Count Ten (strict liability) are DISMISSED WITH PREJUDICE; (4) The motions to dismiss Count Three (breach of express warranty) and Count Six (breach of implied warranties of merchantability and/or fitness for a particular purchase) are DENIED with respect to Defendant Zoetis, Inc. and GRANTED with respect to Defendant Pfizer, Inc.; Plaintiffs' claims in Count Three and Count Five are DISMISSED WITH PREJUDICE against Defendant Pfizer; (5) The motion to dismiss Count Seven (unjust enrichment) is DENIED; (6) The Plaintiffs' claims in Count Eight (fraud) are DISMISSED WITH PREJUDICE.
Source:  Leagle

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