HINTON v. OUTBOARD MARINE CORPORATION et al - Document 69

Court Description:

ORDER granting with prejudice 45 Motion to Dismiss Count III of Third Amended Complaint. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL HINTON, Plaintiff, v. OUTBOARD MARINE CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) 1:09-cv-00554-JAW ORDER GRANTING MOTION TO DISMISS On February 24, 2011, Michael Hinton moved to dismiss Count III of his Third Amended Complaint against Outboard Marine Corporation and OMC Recreational Boat Group, Inc. Pl’s. Mot. to Dismiss Ct. III of his Third Am. Compl. (Docket # 45). On March 17, 2011, Outboard Motor Marine Corporation and OMC Recreational Boat Group, Inc. objected. Defs.’ Mem. of Law in Resp. to Pl’s. Mot. to Dismiss Count III of his Third Am. Compl. (Docket # 46). On March 31, 2011, Mr. Hinton replied. Pl’s. Reply Mem. in Support of his Mot. to Dismiss Ct. III of his Third Am. Compl. (Docket # 47). The Court has reviewed the Defendants’ objections to the dismissal of Count III with prejudice and concludes that their concerns are not well founded. The Court therefore GRANTS Plaintiff’s Motion to Dismiss Count III of his Third Amended Complaint with prejudice (Docket # 45). SO ORDERED. /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. CHIEF UNITED STATES DISTRICT JUDGE Dated this 12th day of April, 2011