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Jude Gracia Case Summary

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAIME GARCIA, Plaintiff, v. ARCADIA PAINT COMPANY & ROY’S HARDWARE SUPPLIES, INCORPORATED, Defendants. ))))))))))) Case No. 16 CV 100 Judge Sally Neil Magistrate Judge Maria Legan DEFENDANT ROY’S HARDWARE SUPPLY, INCORPORATED’S MEMORANDUM IN SUPPORT OF ITS MOTION TO DISMISS ON THE PLEADINGS NOW COMES the Defendant, Roy’s Hardware Supplies, Incorporated (Roy’s), by and through its attorneys, Jackson & Davis, LLP, and moves this Honorable Court to dismiss it from the case pursuant to Fed. R. Civ. P. 12(c), and in support thereof, states as follows: Statement of Facts Here is the part where you state the facts in the light most favorable to your …show more content…

for the dismissal of a nonmanufacturer defendant from a strict liability product claim upon certifying the correct identity of the manufacturer of the allegedly defective product.” Murphy v. Mancari’s Chrysler Plymouth, Inc., 381 Ill App. 3d 786, 770, 887 N.E.2d 569 (2008); 735 Ill. Comp. Stat. 5/2-621(b). Roy’s “file[s] an affidavit certifying the correct identity of the manufacturer of the product allegedly causing injury, death, or damage,” and “the plaintiff has filed a complaint against the manufacturer ..., and the manufacturer ... ha[s] or [is] required to have answered or otherwise pleaded.” 735 ILCS 5/2–621(a)–(b). In support of its motion to dismiss, Roy’s has submitted the required seller's exception affidavit as an attachment to its motion. The affidavit is from Charles Harkin, Senior Vice-President of Acquisitions for Roy’s, who oversaw the purchase and distribution of all paint and paint supplies sold in Roy’s stores through the United States, including the stores in the Chicago area. Harkin states that, Arcadia is the sole manufacturer of the paints and stains sold under its brand name, the paints arrive at Roy’s without any change to the product and labelling, and identifies Acadia as the manufacturer. Roy’s has meet the requirements specified in the “seller’s exception” allowing it to be dismissed as a matter of …show more content…

WHEREFORE, Defendant respectfully requests that this Court grant its motion to be dismissed from this action and all other relief this Court determines is necessary and proper. Respectfully submitted, By: Jackson & Davis, LLP Attorneys for Defendant, Roy’s Hardware Supplies, Incorporated Notes C – State Conclusion on the issue (legal question). R – Rule of Law applied in making conclusion. E – Explanation of the Rule of Law (usually by pointing out its application by the courts in similar cases). A – Application of the Rule of Law to the facts of the present case. C – Restate conclusion as summary of the outcome derived from the Application to the present

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