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Dew v. E.I. Du Pont De Nemours and Company, 5:18-CV-73-D. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190327e73 Visitors: 6
Filed: Mar. 26, 2019
Latest Update: Mar. 26, 2019
Summary: ORDER JAMES C. DEVER, III , District Judge . On April 18, 2018, defendants moved to dismiss the complaint for failure to state a claim upon which relief could be granted or, in the alternative, to stay the proceedings under the primary jurisdiction doctrine [D.E. 21] and filed a memorandum in support [D.E. 22]. On June 29, 2018, plaintiffs filed a first amended complaint [D.E. 34]. On July 31, 2018, defendants moved to dismiss plaintiffs' first amended complaint for failure to state a claim
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ORDER

On April 18, 2018, defendants moved to dismiss the complaint for failure to state a claim upon which relief could be granted or, in the alternative, to stay the proceedings under the primary jurisdiction doctrine [D.E. 21] and filed a memorandum in support [D.E. 22]. On June 29, 2018, plaintiffs filed a first amended complaint [D.E. 34]. On July 31, 2018, defendants moved to dismiss plaintiffs' first amended complaint for failure to state a claim upon which relief could be granted or, in the alternative, to stay the proceedings under the primary jurisdiction doctrine [D.E. 36] and filed a memorandum in support [D.E. 37]. On August 21, 2018, plaintiffs responded in opposition [D.E. 38]. On September 14, 2018, defendants replied [D.E. 41].

In sum, the court GRANTS IN PART and DENIES IN PART defendants' motion to dismiss the first amended complaint [D.E. 36], DENIES defendants' motion to stay [D.E. 36], and DENIES as moot defendants' motion to dismiss the complaint [D.E. 21]. In due course, the court will issue, an order expounding on its conclusions.

SO ORDERED.

Source:  Leagle

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