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190 Contract: Other | Alabama Northern
Order
ORDER: The court GRANTS IN PART and DENIES IN PART the motions for summary judgment. The court GRANTS the motions for summary judgment as to the Magnuson-Moss Act claims against them and ENTERS SUMMARY JUDGMENT in favor of CMH Manufacturing and Warrior as to those claims. To the extent the Wyatts assert Magnuson-Moss Act claims against fictitious defendants, the court DISMISSES those claims WITHOUT PREJUDICE for failure to sufficiently describe such fictitious defendants. The court DECLINES to exercise supplemental jurisdiction over the Wyatts' state law claims against CMH Manufacturing, Warrior, and the fictitious defendants, and REMANDS those claims to the Circuit Court of Tuscaloosa County, Alabama. The court DENIES AS MOOT CMH Manufacturing's and Warrior's motions for summary judgment on the state law claims. (Docs. 35 - 36 ). Finally, because the grounds on which the court resolves this case do not depend on evidence from any experts, the court DENIES AS MOOT the motions to strike. (Docs. 50 , 52 ). Signed by Judge Annemarie Carney Axon on 3/11/2025. (CLC) (Entered: 03/11/2025)
Contract: Other | Alabama Northern
MEMORANDUM OPINION: The court WILL GRANT IN PART and WILL DENY IN PART the motions for summary judgment before it. The court WILL GRANT CMH Manufacturing's and Warrior's motions for summary judgment as to the Mag nuson-Moss Act claims against them (docs. 35 - 36 ), and WILL ENTER SUMMARY JUDGMENT in favor of CMH Manufacturing and Warrior as to those claims. Because the court resolves the only claims over which it has original jurisdiction, the court < b>WILL DECLINE to exercise supplemental jurisdiction over the Wyatts' state law claims against CMH Manufacturing, Warrior, and the fictitious defendants. The court WILL REMAND those claims to the Circuit Court of Tuscaloosa County, Al abama. And the court WILL DENY AS MOOT CMH Manufacturing's and Warrior's motions for summary judgment on the state law claims. (Docs. 35 - 36 ). Finally, because the grounds on which the court resolves this case do not depend on evidence from any experts, the court WILL DENY AS MOOT the motions to strike. (Docs. 50 , 52 ). Signed by Judge Annemarie Carney Axon on 3/11/2025. (CLC)
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