Naquin v. Forest River, Inc.

Full title: ELDON NAQUIN, ET AL., Plaintiffs v. FOREST RIVER, INC., ET AL., Defendants

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Jun 25, 2018

CIVIL ACTION NO. 1:17-CV-01311 (W.D. La. Jun. 25, 2018)

Opinion

CIVIL ACTION NO. 1:17-CV-01311

06-25-2018

ELDON NAQUIN, ET AL., Plaintiffs v. FOREST RIVER, INC., ET AL., Defendants

JUDGE DRELL

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT

For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;

IT IS ORDERED that the Motion to Dismiss for Failure to State a Claim Upon Which Relief can be Granted (Doc. 5) filed by the Defendants Forest River and Camping World is GRANTED IN PART and DENIED IN PART. Specifically, Defendants' motion is GRANTED as to Plaintiffs' claims for breach of express warranty against Forest River under the MMWA, and DENIED as to Plaintiffs' claims for breach of implied warranties under the MMWA and Louisiana redhibition laws.

IT IS FURTHER ORDERED that Plaintiffs' claims for breach of express warranty against Forest River under the MMWA are DISMISSED WITHOUT PREJUDICE.

THUS ORDERED AND SIGNED in Chambers at Alexandria, Louisiana, on this 25^th day of June, 2018.

/s/_________

DEE D. DRELL, JUDGE

UNITED STATES DISTRICT COURT