Crystal Springs Upland School v. Fieldturf USA, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ PARTIAL MOTION TO DISMISS; SETTING INITIAL CASE MANAGEMENT CONFERENCE

Re: Dkt. No.

Before the Court is the partial motion to dismiss filed by Defendants Fieldturf *964 USA, Inc., (“FUSA”), Fieldturf, Inc., and Fieldturf Tarkett SAS (together, “Defendants”). Dkt. No. 11 (“Mot.”). Defendants move to dismiss Plaintiff Crystal Springs Uplands School’s (“Plaintiff’) negligent misrepresentation and breach of warranty claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiff has filed an opposition, Dkt. No. 12 (“Opp.”), and Defendants have replied, Dkt. No. 13 (“Reply”).

Under Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-6, the Court finds that this matter is suitable for disposition without oral argument. For the reasons set forth below, the Court hereby GRANTS IN PART and DENIES IN PART Defendants’ partial motion to dismiss. Plaintiffs negligent misrepresentation claim is DISMISSED WITHOUT PREJUDICE because, as pled, it is barred by the economic loss rule. But Plaintiff is GRANTED LEAVE TO AMEND that claim within 30 days of the date of this…