IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 25, 2012
NEW HAMPSHIRE INSURANCE COMPANY A/S/O WHYY, INC., PLAINTIFF,
DIELECTRIC COMMUNICATIONS, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Anita B. Brody, J.
ORDER AND NOW, this _25th___ day of June 2012, for the reasons set forth in the accompanying memorandum, it is ORDERED that:
! Defendant's Motion to Dismiss (ECF No. 3) Counts I and II is DENIED without prejudice.
Plaintiff's Count I negligence claim only on the grounds of the economic loss doctrine. ! Plaintiff may proceed with its Count II breach of contract claim, only as it relates to the warranty's replacement parts provision.
It is FURTHER ORDERED that the stay of discovery (ECF No. 14) is lifted and that the parties shall proceed with discovery as outlined in the Court's Scheduling Order (ECF No. 11).
! Defendant may at a later stage in the litigation re-raise its argument against
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