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Sean Latraverse, Individually and On Behalf of All Others Similarly Situated v. Kia Motors of America

July 27, 2011

SEAN LATRAVERSE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
KIA MOTORS OF AMERICA, INC., DEFENDANT.



The opinion of the court was delivered by: Robert B. Kugler United States District Judge

NOT FOR PUBLICATION (Doc. No. 4)

ORDER

THIS MATTER having come before the Court upon the Motion to Dismiss filed by Defendant Kia Motors America, Inc. ("Kia"); and the Court having considered the moving papers and the response thereto; and for the reasons expressed in the Opinion issued this date;

IT IS HEREBY ORDERED that Defendant's Motion to Dismiss is DENIED with respect to Plaintiff's Breach of Warranty claim (Count I) and Violation of the Magnuson-Moss Act, 15 U.S.C. 2301, et seq., claim (Count III); and

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss is GRANTED with respect to Plaintiff's Fraud and Violation of the Consumer Fraud Act claim (Count II).

Robert B. Kugler

20110727

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