Kent

AMENDED ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION TO DISMISS UNDER RULE 12(b)(6) FOR FAILURE TO STATE A CLAIM BASED ON PRINCIPLES OF CONFLICT PREEMPTION AND THE DOCTRINE OF PRIMARY JURISDICTION [Docket No. 7] AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO STRIKE [Docket No. 44]

Defendant’s Motion To Dismiss ‘Under Rule 12(b)(6) For Failure To State A Claim (Based On Principles Of Conflict Preemption And The Doctrine Of Primary Jurisdiction) (“Motion To Dismiss”) and Defendant’s Motion to Strike (“Motion To Strike”) came on for hearing on Friday, March 8, 2002, at 1:30 p.m. For the reasons set forth below, Defendant’s Motion To Dismiss is DENIED without prejudice. Defendant’s Motion To Strike is GRANTED IN PART and DENIED IN PART.

I. INTRODUCTION

This putative class action involves claims based on an alleged defect in model years 1995-1999 Jeep Grand Cherokees. According to Plaintiffs, these Jeeps have a design defect which causes them to self-shift from park to reverse. This alleged defect is the subject of a currently pending investigation by the National Highway Traffic Safety Administration (“NHTSA”). Plaintiffs allege that because of the defect,…