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HomeMy WebLinkAbout10-0346WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kuffler @whiteandwilliams.com ALLSTATE INSURANCE COMPANY as subrogee of Jayme Binder, 2775 Sanders Rd., Suite B7 Northbrook, IL 60062 Plaintiff, V. DELL, INC. One Dell Way Round Rock, TX 78682 and Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder COURT OF COMMON PLEAS CUMBERLAND COUNTY alyl I TERM NO. ID- 346 t? rv ca ? ) C) Orn SONY ELECTRONICS, INC. 16530 Via Esprillo San Diego, CA 92127 Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages you must take action within twenty 20 days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE PA 17013 800-990-9108 717-249-3166 44a .oo PD w rr/ 0,0 .16 13'731 e -1-3b Z43 G1 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes usted tiene viente 20 dias de plazo al partir de la fecha de la demanda y la notificacion Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona Sea avisado que si usted no se defiende la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE PA 17013 800-990-9108 717-249-3166 -2- WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kufflerj @whiteandwilli ams. com ALLSTATE INSURANCE COMPANY as subrogee of Jayme Binder, 2775 Sanders Rd., Suite B7 Northbrook, IL 60062 Plaintiff, V. DELL, INC. One Dell Way Round Rock, TX 78682 and SONY ELECTRONICS, INC. 16530 Via Esprillo San Diego, CA 92127 Defendants. Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM NO. 10 - 3yCo COMPLAINT Plaintiff, Allstate Insurance Company a/s/o Jayme Binder, by and through its attorneys, White and Williams LLP, hereby alleges and states as follows: THE PARTIES I. Plaintiff Allstate Insurance Company (hereinafter "Allstate") is an Illinois corporation engaged in the insurance business, with a principal place of business located at 2775 Sanders Road, Suite B7, Northbrook, Illinois 60062. 2. At all relevant times hereto, Allstate was authorized to issue policies of insurance in the Commonwealth of Pennsylvania. 3. Upon information and belief, Defendant Dell, Inc. ("Dell") is a corporation organized and existing under the laws of the State of Delaware with its principal place of business located at One Dell Way, Round Rock, Texas 78682. 4. At all times relevant and material hereto, Dell was in the business of designing, manufacturing, distributing, selling, assembling and supplying computers and computer components. 5. At all times relevant hereto, Dell conducted regular, continuous and systematic business in the Commonwealth of Pennsylvania, including in this County. 6. Upon information and belief, Defendant Sony Electronics, Inc. ("Sony") is a corporation organized and existing under the laws of the State of Delaware with its principal place of business located at 16530 Via Esprillo, San Diego, California 92127. 7. At all times relevant and material hereto, Sony was in the business of designing, manufacturing, distributing, selling, assembling and supplying, inter alia, computer components, including but not limited to lithium ion cell batteries. 8. At all times relevant hereto, Sony conducted regular, continuous and systematic business in the Commonwealth of Pennsylvania, including in this County. JURISDICTION AND VENUE 9. This Court has jurisdiction over the Defendants and the subject matter of this action based upon the following substantial contacts with the Commonwealth of Pennsylvania: (a) The Defendants have conducted and continue to conduct substantial business in Pennsylvania on a regular basis; and (b) The incident giving rise to this action occurred in Pennsylvania. -2- 10. Venue is proper in Cumberland County because Defendants regularly conduct business in Cumberland County, and the incident giving rise to this action occurred in Cumberland County. FACTUAL BACKGROUND 11. Prior to February 10, 2009, Allstate issued a property insurance policy (the "Policy") to Jayme Binder ("Binder") providing coverage for Mr. Binder's residence located at 3 Lance Court, Newville, Pennsylvania 17241 (the "Subject Property"). 12. At all times relevant hereto, Binder owned the Subject Property. 13. The Policy was in full force and effect on February 10, 2009. 14. On or about March 5, 2002, Binder purchased a Dell Inspiron 8100 laptop computer (hereinafter, "the Computer") 15. Prior to March 5, 2002, Defendant Dell designed, manufactured, produced, distributed, assembled, supplied, sold and placed the Computer in the stream of commerce. 16. The Computer was sold with an integrated, installed, attached and/or included lithium ion battery (the "Battery"). 17. The Battery was designed, manufactured, produced, supplied, placed in the stream of commerce by Defendant Sony. 18. The Battery was also distributed supplied, sold and placed in the stream of commerce by Defendant Dell as a component of the Computer. 19. On February 10, 2009, a fire damaged the Subject Property. 20. Investigation revealed that the fire originated in or at the Computer. 21. The fire was caused by a failure of the Computer and/or Battery. Investigation eliminated all other potential sources of ignition. -3- 22. As a result of the fire, Binder sustained significant damage to his real and personal property. 23. Pursuant to the terms of the Policy, Allstate paid $205,939.43 to compensate Binder for the damage to his property. 24. By virtue of the payments made to Binder in accordance with the terms and conditions of the Policy, Allstate is now subrogated to the rights of Binder against the party or parties responsible for the fire and resulting damages. COUNT ONE - STRICT LIABILITY Plaintiff v. Dell 25. Plaintiff incorporates the allegations contained in paragraphs 1 through 24 as if set forth at length. 26. At all times relevant and material hereto, Defendant Dell was engaged in the business of designing, manufacturing, distributing, selling and supplying computers and/or computer parts. 27. The Computer, as well as its component parts, including the Battery, was dangerously defective. 28. Defendant Dell designed, manufactured, assembled, distributed, sold and/or supplied the Computer in a dangerously defective condition. 29. The Computer as well as its component parts, including the Battery, was placed in the stream of commerce by Defendant Dell. 30. The Computer was expected to and did reach its intended users, including Binder, without substantial change in the condition in which it was designed, manufactured, assembled, distributed, sold and supplied. -4- 31. A defect in the Computer and/or Battery was a direct and proximate cause of the February 10, 2009 fire at the Subject Property. 32. Dell is strictly liable for all damage caused by the Computer and/or Battery. WHEREFORE, Plaintiff demands judgment against Defendant Dell for damages in the amount of $205,939.43 together with interest, attorney's fees, costs of suit, and such other relief the court may deem appropriate. COUNT TWO - NEGLIGENCE Plaintiff v. Dell 33. Plaintiff incorporates the allegations contained in paragraphs 1 through 32 as if set forth at length. 34. Dell owed a duty of care to Binder to properly design, manufacture, assemble, and/or otherwise distribute the Computer in a condition that was safe for its intended and reasonably foreseeable use. 35. Dell breached its duty of care owed to Binder in one or more of the following ways: a. Designing, manufacturing, and/or assembling a computer that Dell knew or reasonably should have known created an unreasonable risk of harm; b. Selling and/or otherwise distributing a computer in a defective condition that Dell knew or reasonably should have known created an unreasonable risk of harm; C. Designing, manufacturing, assembling, and distributing a computer with inadequate or defective component parts, including the battery, that Dell knew or should have known created an unreasonable risk of harm; d. Designing, manufacturing, assembling, and distributing a computer, that, when used for its intended purpose, created an unreasonable risk of harm; -5- e. Failing to design, manufacture, and/or assemble the computer so it was safe for all reasonably foreseeable users; f. Failing to exercise reasonable care in the design, assembly, construction, manufacture, fabrication, and/or selection of the computer's component parts; and g. Failing to use due care under the circumstances. 36. Dell's negligence was a direct and proximate cause of the February 10, 2009 fire at the Subject Property and the resulting damage. WHEREFORE, Plaintiff demands judgment against Defendant Dell for damages in the amount of $205,939.43 together with interest, attorney's fees, costs of suit, and such other relief the court may deem appropriate. COUNT THREE - BREACH OF WARRANTY Plaintiff v. Dell 37. Plaintiff incorporates the allegations contained in paragraphs 1 through 36 as if set forth at length. 38. Dell knew or should have known that the consuming public would purchase and use its computer. 39. Binder was an intended user of the Computer and relied upon Dell's expertise and knowledge in properly designing, manufacturing, selling, and/or otherwise distributing the Computer. 40. Dell expressly and/or impliedly warranted that the Computer was reasonably fit for its intended use and was of merchantable quality. The Computer was not reasonably fit for its intended use nor was it of merchantable quality. -6- 41. Dell breached its expressed and/or implied warranties of merchantability and fitness for a particular purpose. The Computer was not of merchantable quality nor was it fit for use at the Subject Property. 42. Dell's breach of its expressed and/or implied warranties was a direct and proximate cause of the February 10, 2009 fire at the Subject Property. WHEREFORE, Plaintiff demands judgment against Defendant Dell for damages in the amount of $205,939.43 together with interest, attorney's fees, costs of suit, and such other relief the court may deem appropriate. COUNT FOUR - STRICT LIABILITY Plaintiff v. Sony 43. Plaintiff incorporates the allegations contained in paragraphs 1 through 42 as if set forth at length. 44. At all times relevant and material hereto, Defendant Sony was engaged in the business of designing, manufacturing, distributing, selling and supplying lithium ion batteries. 45. The Battery was dangerously defective. 46. Defendant Sony designed, manufactured, assembled, distributed, sold and/or supplied the Battery in a dangerously defective condition. 47. The Battery was placed in the stream of commerce by Defendant Sony. 48. The Battery was expected to and did reach its users, including Binder, without substantial change in the condition in which it was designed, manufactured, assembled, distributed, sold and supplied, 49. A defect in the Battery and/or Computer was a direct and proximate cause of the February 10, 2009 fire at the Subject Property. -7- 50. Sony is strictly liable for all damage caused by its Battery. WHEREFORE, Plaintiff demands judgment against Defendant Sony for damages in the amount of $205,939.43 together with interest, attorney's fees, costs of suit, and such other relief the court may deem appropriate. COUNT FIVE - NEGLIGENCE Plaintiff v. Sony 51. Plaintiff incorporates the allegations contained in paragraphs 1 through 50 as if set forth at length. 52. Sony owed a duty of care to Binder to properly design, manufacture, assemble, and/or otherwise distribute the Battery in a condition that was safe for its intended and reasonably foreseeable use. 53. Sony breached its duty of care owed to Binder in one or more of the following ways: a. Designing, manufacturing, and/or assembling a battery that Sony knew or reasonably should have known created an unreasonable risk of harm; b. Selling and/or otherwise distributing a battery in a defective condition that Sony knew or reasonably should have known created an unreasonable risk of harm; C. Designing, manufacturing, assembling, and distributing a battery, that, when used for its intended purpose, created an unreasonable risk of harm; d. Failing to design, manufacture, and/or assemble the battery so it was safe for all reasonably foreseeable users; e. Failing to use due care under the circumstances. 54. Sony's negligence was a direct and proximate cause of the February 10, 2009 fire at the Subject Property. -8- WHEREFORE, Plaintiff demands judgment against Defendant Sony for damages in the amount of $205,939.43 together with interest, attorney's fees, costs of suit, and such other relief the court may deem appropriate. COUNT SIX - BREACH OF WARRANTY Plaintiff v. Sony 55. Plaintiff incorporates the allegations contained in paragraphs 1 through 54 as if set forth at length. 56. Sony knew or should have known that the consuming public would purchase and use its battery. 57. Binder was an intended user of the Battery and relied upon Sony's expertise and knowledge in properly designing, manufacturing, selling, and/or otherwise distributing the Battery. 58. Sony expressly and/or impliedly warranted that the Battery was reasonably fit for its intended use and was of merchantable quality. The Battery was not reasonably fit for its intended use nor was it of merchantable quality. 59. Sony breached its expressed and/or implied warranties of merchantability and fitness for a particular purpose. The Battery was not of merchantable quality nor was it fit for use at the Subject Property. 60. Sony's breach of its expressed and/or implied warranties was a direct and proximate cause of the February 10, 2009 fire at the Subject Property. -9- WHEREFORE, Plaintiff demands judgment against Defendant Sony for damages in the amount of $205,939.43 together with interest, attorney's fees, costs of suit, and such other relief the court may deem appropriate. Respectfully submitted, White and Williams LLP By: ' Al ? - Jo M. Kuffler, LZAuire 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 Phone: 215-864-7059 Attorneys for Plaintiff Dated: January 6, 2010 -10- 5902667v.1 tl ? WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kuffler @whiteandwilliams.com ALLSTATE INSURANCE COMPANY as subrogee of Jayme Binder, 2775 Sanders Rd., Suite B7 Northbrook, IL 60062 Plaintiff, V. DELL, INC. One Dell Way Round Rock, TX 78682 and SONY ELECTRONICS, INC. 16530 Via Esprillo San Diego, CA 92127 Defendants. Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder n Q C O n 23 c;o S-16 COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket NO. 10-346 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA I, Joseph M. Kuffler, Esquire, counsel for Plaintiff, Allstate Insurance Company as subrogee of Jayme Binder, being duly sworn, hereby depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania and represent the Plaintiff relative to the above-referenced matter. 6006047v.1 2. On January 26, 2010, Plaintiff's Complaint was served via certified mail pursuant to Rule 403 and 404 of the Pennsylvania Rules of Civil Procedure, upon the following defendant: SONY ELECTRONICS, INC. 16530 Via Esprillo San Diego, CA 92127 3. A copy of the certified return receipt is attached hereto as Exhibit A. WHITE AND WILLIAMS, LLP By: /??" 9??' Jose M. Kuffler, Iffillre Att ey for Plaintiff Allstate Insurance Company a/s/o Jayme Binder Dated: 2 `'1 Z o Sworn bscrib fore me day o 10 Aotary?- Public My Commission Expires: 6006047v.1 EXHIBIT "A" 5410603v.1 .! Y WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kufflerj@whiteandwilliams.com ALLSTATE INSURANCE COMPANY as subrogee of Jayme Binder, 2775 Sanders Rd., Suite B7 Northbrook, IL 60062 Plaintiff, V. DELL, INC. One Dell Way Round Rock, TX 78682 and SONY ELECTRONICS, INC. 16530 Via Esprillo San Diego, CA 92127 Defendants. Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder rn m Fn ? p . c ?C ' C. W N ? COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket NO. 10-346 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA I, Joseph M. Kuffler, Esquire, counsel for Plaintiff, Allstate Insurance Company as subrogee of Jayme Binder, being duly sworn, hereby depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania and represent the Plaintiff relative to the above-referenced matter. 6006601v.1 2. On January 28, 2010, Plaintiff's Complaint was served via certified mail pursuant to Rule 403 and 404 of the Pennsylvania Rules of Civil Procedure, upon the following defendant: DELL, INC. One Dell Way Round Rock, TX 78682 3. A copy of the certified return receipt # 7006 0810 0003 5539 2456 is attached hereto as Exhibit A. WHITE AND WILLIAMS, LLP By: Jose uffler, Es re Att ey for Plaintiff Allstate Insurance Company a/s/o Jayme Binder Dated: 2 ij o t P Swom bscribed efore me thi day 010 Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Donna M. Kobryn, Notary Public City of Philadelphia, Philadelphia County My commission expires November 15, 2012 6006601v.1 EXHIBIT "A" 5410603v.1 C bdm omp4lete tins t, 2. and 3. Also oomplete q !Tint your nanm address on the reverse so that we can return the x ? Agent card to you. ¦ Attach this Card to the back of the maiipiwe, or on the front N ? B. by space permits. 1. Awe Addressed to: D. Is delh gry diRerent Uom ttem 1? ? Yes If YES. enter cMIMY address below. ? No ^c 0 3. Service 7ype Xrs? Mall ? ?Id ? for y? I nsured u com. 2 Artlde Nurhb? 4 ?striCted DelNr W ADOW.. Feel ? Y" (Tiansibr SwVke f., 7006 0810 0003 5539 2456 I PS Form 3811 February 2ooa ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: Robert J. Hafner, Esquire Identification No.: 44105 Two Liberty Place, 22"d Floor 50 S. 16`" Street Philadelphia, PA 19102 (215) 851-8400 (TELEPHONE) (215) 851-8383 (FACSIMILE) Email: rhafner@eckertsemans.com ALLSTATE INSURANCE COMPANY (a/s/o JAYME BINDER), Plaintiff v. Attorney for defendants, Dell, Inc., and Sony Electronics Inc. COURT OF COMMON PLE~ CUMBERLAND COUNTX~, ~ ° ~~ - , -- _~ ~? ~ - ;;~ ~, r ~ ~_, CIVIL TERM ' - ~- ~' ? `` • ~> . :~ .. r,~ NO. 10-346 ~' ~ DELL, INC., and SONY ELECTRONICS INC., Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above-captioned matter on behalf of defendants, Dell, Inc., and Sony Electronics Inc. Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: e a ner, Esquire Attorney for defendants, Dell, Inc., and Sony Electronics Inc. Dated: March 9, 2010 ' ECKERT SEAMANS CHERIN & MELLOTT, LLC ', BY: Robert J. Hafner, Esquire Identification No.: 44105 Two Liberty Place, 22°d Floor 50 S. 16th Street Philadelphia, PA 19102 (215) 851-8400 (TELEPHONE) (215) 851-8383 (FACSIMILE) Email: rhafner@eckertsemans.com ALLSTATE INSURANCE COMPANY (a/s/o JAYME BINDER), Plaintiff V. DELL, INC., and SONY ELECTRONICS INC., Defendants Attorney for defendants, Dell, Inc., and Sony Electronics Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY `-~ ~ CIVIL TERM ~~ ~ !! t ;`'~ o -~ ~ ~`' ~' T ° ~ Rl r:,,, ' ~ `` ~ ~ NO. 10-346 ~ = ~ = ~~-~ _ t~~. ~ JURY TRIAL DEMANDED DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Dell, Inc., and Sony Electronics Inc., hereby demand as to all issues a trial by jury consisting of twelve (12) persons. Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: Bert of r, Esquire Attorney for defendants, Dell, Inc., and Sony Electronics Inc. Dated: March 9, 2010 L ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: Robert J. Hafner, Esquire Identification No.: 44105 Two Liberty Place, 22°d Floor 50 S. 16th Street Philadelphia, PA 19102 (215) 851-8400 (TELEPHONE) (215) 851-8383 (FACSIMILE) Email: rhafner@eckertsemans.com ALLSTATE INSURANCE COMPANY (a/s/o JAYME BINDER), Plaintiff v. DELL, INC., and SONY ELECTRONICS INC., Attorney for defendants, Dell, Inc., and Sony Electronics Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO. 10-346 : n Defendants JURY TRIAL DEMANDED r ;,-, `'~~~~ NOTICE TO PLEAD TO: Joseph M. Kuffler, Esquire WHITE and WILLIAMS LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 Attorney for plaintiff, Allstate Insurance Company (a/s/o Jayme Binder) _~ °'. N b ~~ i7 -'*3 u-i -/ -~, .~ ~~ -~, ni - 7~ ,~`'' T 'l'~ =C ;~ ;`tl p You are hereby notified pursuant to Pa.R.Civ.P. 1026 and 1361 to file a written response to the New Matter of defendant, Dell, Inc., within twenty (20) days of the date hereof or a judgment may be entered against you. Dated: March 9, 2010 ECKERT SEAMANS CHERIN & MELLOTT, LLC BY: Robert J. Hafner, Esquire Identification No.: 44105 Two Liberty Place, 22°d Floor 50 S. 16t" Street Philadelphia, PA 19102 (215) 851-8400 (TELEPHONE) (215) 851-8383 (FACSIMILE) Email: rhafner@eckertsemans.com ALLSTATE INSURANCE COMPANY (a/s/o JAYME BINDER), Plaintiff v. DELL, INC., and SONY ELECTRONICS INC., Defendants Attorney for defendants, Dell, Inc., and Sony Electronics Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO. 10-346 JURY TRIAL DEMANDED ANSWER TO COMPLAINT OF DEFENDANT, DELL, INC., WITH NEW MATTER Defendant, Dell, Inc., ("Dell"), by and through its attorneys, Eckert Seamans Cherin & Mellott, LLC, responds to the averments set forth in the Complaint as follows: 1. - 3. Admitted. 4. Admitted in part and denied in part. Dell denies it was in the business of "manufacturing" or "assembling" computers and computer components. Dell admits the remaining allegations contained in Paragraph 4. 5. Admitted. 6. - 8. I nasmuch as the averments set forth in these paragraphs refer to a party other than Dell, no response is required. JURISDICTION AND VENUE 9. The averments set forth in this paragraph constitute conclusions of law to which no response is required. To the extent any response to these averments by Dell is deemed required, Dell admits that it has in the past and currently conducts substantial business in the Commonwealth of Pennsylvania on a regular basis and that the alleged incident giving rise to this lawsuit occurred in Pennsylvania. 10. The averments set forth in this paragraph constitute conclusions of law to which no response is required. To the extent any response to these averments by Dell is deemed required, Dell admits that the alleged incident giving rise to this lawsuit allegedly occurred in Cumberland County, Pennsylvania. FACTUAL BACKGROUND 11. - 13. After reasonable investigation, Dell lacks knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs; therefore, Dell denies these averments and demands proof thereof. 14. Admitted. 15. Admitted in part and denied in part. Dell denies that it "manufactured" or "assembled" the Computer. Dell admits the remaining allegations contained in Paragraph 15. 16. Admitted. 17. Admitted in part and denied in part. Dell admits that Sony Electronics Inc. ("SEL") supplied Dell with the Li-Ion battery it shipped with the subject notebook computer. Dell denies that SEL designed, manufactured or produced the battery. 18. and 19. Admitted. 20. and 21. Denied pursuant to Pa.R.Civ.P. 1029(e). 22. - 24. After reasonable investigation, Dell lacks knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs; therefore, Dell denies these averments and demands proof thereof. COUNT ONE -STRICT LIABILITY Plaintiff v. Dell 25. Dell incorporates by reference as though fully set forth herein its responses to the averments set forth in paragraphs (1) thorough (24), inclusive, of the Complaint. 26. Admitted in part and denied in part. Dell denies in was in the business of "manufacturing" computers and/or computer parts. Dell admits the remaining allegations contained in Paragraph 26. 27. Denied pursuant to Pa.R.Civ.P. 1029(e). 28. Denied pursuant to Pa.R.Civ.P. 1029(e). Dell further denies responsibility for the manufacture or assembly of the Computer. 29. and 30. After reasonable investigation, Dell lacks knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs because it does not know whether the computer was altered or modified after it left its custody and control; therefore, Dell denies these averments and demands proof thereof. 31. and 32. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, defendant, Dell, Inc., demands Count One of the Complaint be dismissed with prejudice and that judgment thereon be entered in its favor and against plaintiff, together with an award of costs of suit and such other relief as this Honorable Court may deem appropriate. COUNT TWO -NEGLIGENCE Plaintiff v. Dell 33. Dell incorporates by reference as though fully set forth herein its responses to the averments set forth in paragraphs (1) thorough (32), inclusive, of the Complaint. 34. The averments set forth in this paragraph constitute conclusions of law to which no response is required. 35. and 36. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, defendant, Dell, Inc., demands Count Two of the Complaint be dismissed with prejudice and that judgment thereon be entered in its favor and against plaintiff, together with an award of costs of suit and such other relief as this Honorable Court may deem appropriate. COUNT THREE -BREACH OF WARRANTY Plaintiff v. Dell 37. Dell incorporates by reference as though fully set forth herein its responses to the averments set forth in paragraphs (1) thorough (36), inclusive, of the Complaint. 3 8. Admitted. 39. Admitted in part and denied in part. Dell admits that Binder was an intended user of the computer. Dell denies that it manufactured the Computer. After reasonable investigation, Dell lacks knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in this paragraph; therefore, Dell denies these averments and demands proof thereof. 40. Admitted in part and denied in part. Dell admits that it supplied a written limited warranty with the computer, the terms and conditions of which speak for themselves. Dell denies that the computer was not reasonably fit for its intended use or was not of merchantable quality. 41. and 42. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, defendant, Dell, Inc., demands Count Three of the Complaint be dismissed with prejudice and that judgment thereon be entered in its favor and against plaintiff, together with an award of costs of suit and such other relief as this Honorable Court may deem appropriate. COUNT FOUR -STRICT LIABILITY Plaintiff v. Sony 43. Dell incorporates by reference as though fully set forth herein its responses to the averments set forth in paragraphs (1) thorough (42), inclusive, of the Complaint. 44. Inasmuch as the averments set forth in this paragraph refer to a party other than Dell, no response is required. 45. and 46. Denied pursuant to Pa.R.Civ.P. 1029(e). 47. Denied as stated. Dell admits that SEL placed into the stream of commerce the battery Dell shipped with the subject computer. 48. After reasonable investigation, Dell lacks knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph because it does not know whether the battery was altered or modified after it left its custody and control; therefore, Dell denies these averments and demands proof thereof. 49. Denied pursuant to Pa.R.Civ.P. 1029(e). 50. Inasmuch as the averments set forth in this paragraph refer to a party other than Dell, no response is required. WHEREFORE, defendant, Dell, Inc., demands Count Four of the Complaint be dismissed with prejudice and that judgment thereon be entered in its favor and against plaintiff, together with an award of costs of suit and such other relief as this Honorable Court may deem appropriate. COUNT FIVE -NEGLIGENCE Plaintiff v. Sony 51. Dell incorporates by reference as though fully set forth herein its responses to the averments set forth in paragraphs (1) thorough (50), inclusive, of the Complaint. 52. Inasmuch as the averments set forth in this paragraph refer to a party other than Dell, no response is required. Further, the averments set forth in this paragraph constitute conclusions of law to which no response is required. 53 and 54. Inasmuch as the averments set forth in these paragraphs refer to a party other than Dell, no response is required. WHEREFORE, defendant, Dell, Inc., demands Count Five of the Complaint be dismissed with prejudice and that judgment thereon be entered in its favor and against plaintiff, together with an award of costs of suit and such other relief as this Honorable Court may deem appropriate. COUNT SIX -BREACH OF WARRANTY Plaintiff v. Sony 55. Dell incorporates by reference as though fully set forth herein its responses to the averments set forth in paragraphs (1) thorough (54), inclusive, of the Complaint. 56. - 60. Inasmuch as the averments set forth in these paragraphs refer to a party other than Dell, no response is required. Further, Dell denies that the battery it shipped with the subject computer was not reasonably fit for its intended use or was not of merchantable quality. WHEREFORE, defendant, Dell, Inc., demands Count Six of the Complaint be dismissed with prejudice and that judgment thereon be entered in its favor and against plaintiff, together with an award of costs of suit and such other relief as this Honorable Court may deem appropriate. NEW MATTER 61. The Complaint fails to state a cause of action against Dell upon which relief can be granted. 62. The claims of plaintiff may be barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §7102. 63. The claims of plaintiff may be barred in whole or in part by the applicable statute(s) of limitations. 64. The claims of plaintiff may be barred by the doctrine of assumption of the risk. 65. The claimed damages of plaintiff may have been caused or contributed to by the acts and omissions ofthird-parties over whom Dell exercised no control. 66. Dell did not commit any act or omission which was a proximate cause of plaintiff's claimed damages. 67. If a product distributed by Dell was involved in the incident described in the Complaint as alleged, it may have been substantially altered after it left its custody and control. 68. The product described in the Complaint may have been misused either before or at the time of the incident giving rise to this lawsuit. 69. The acts of other individuals or entities over which Dell exercised no control may constitute an intervening, superseding cause of the incident described in the Complaint so as to relieve Dell of any liability for those injuries or any such claimed damages. 70. Plaintiff and/or its insured may have failed to mitigate their damages with respect to the losses alleged. 71. If a product distributed by Dell was involved in the incident described in the Complaint as alleged, the claimed damages of plaintiff were not caused by the condition of the product at the time it left the custody and control of Dell. 72. If a product distributed by Dell was involved in the incident described in the Complaint as alleged, Dell did not extend any warranty (express or implied) concerning the product other than those set forth in the written limited warranty, if any, which accompanied the product. 73. Dell did not breach any warranty (express or implied). 74. If Dell breached any warranty it supplied with the product described in the Complaint, Dell denies that any such breach was a substantial factor in causing the incident described in the Complaint. 75. The claims of plaintiff may be barred in whole or in part by the economic loss doctrine. 76. The claims of plaintiff may be barred in whole or in part by the "gist of the action" doctrine. 77. Dell reserves the right to assert upon completion of its investigation and discovery such additional defenses, affirmative defenses, counterclaims, crossclaims and/or claims against third-party defendants as may be appropriate. WHEREFORE, defendant, Dell, Inc., demands the Complaint be dismissed with prejudice and that judgment thereon be entered in its favor and against plaintiff, together with an award of costs of suit and such other relief as this Honorable Court may deem appropriate. JURY DEMAND Defendant, Dell, Inc., hereby demands a trial by jury as to all issues. Respectfully submitted, ECKERT SEAMANS CHERI & ELLOTT, LLC BY: obe ner, Esquire Two Liberty Place, 22°d Floor 50 S. 16`" Street Philadelphia, PA 19102 (215) 851-8400 (Telephone) (215) 851-8383 (Facsimile) Email: rhafner@eckertseamans.com Attorney for defendants, Dell, Inc., and Sony Electronics Inc. Dated: March 9, 2010 CERTIFICATE OF SERVICE I, Robert J. Hafner, hereby certify that on this 9`~' day of March, 2010, I served a true and correct copy of the foregoing Entry of Appearance, Jury Demand and Answer to Complaint of Defendant, Dell, Inc. with New Matter via Electronic Mail and United States First Class mail, postage prepaid upon the following: Joseph M. Kuffler, Esquire White and Williams, LLP 1800 One Liberty Place Philadelphia, PA 19103-7395 (Counsel for Plaintiff) WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kufflerj @whiteandwilliams. com ALLSTATE INSURANCE COMPANY as subrogee of Jayme Binder, Plaintiff, v. DELL, INC., et al. Defendants. Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder COURT OF COMMON PLEAS n ; CUMBERLAND COUNTY ~ ~ ~ " ~~ ~ <~ _~. :~v r~_ t DOCKET NO. 10-346 ~ ~;, ~~ ~'- ~ ~ Vic: ~=~~ y O rn ' ~ c~ _ PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT DELL, INC. Plaintiff, Allstate Insurance Company as subrogee of Jayme Binder ("Allstate"), by and through its undersigned attorneys, replies to the New Matter of defendant, Dell, Inc. ("Dell") as follows: 61. - 77. Denied. The averments of these paragraphs are denied as legal conclusions and argument requiring no response. To the extent the averments of these paragraphs are factual, they are denied and deemed to be at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Dated: March 24, 2010 WHITE AND WILLIAMS LLP ''~ ,iii By: ~ ~~' Jo M. Kuffler, E quire 1 50 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 Phone: 215-864-7059 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Joseph M. Kuffler, Esquire, hereby certify that a true and correct copy of Allstate Insurance Company's Reply to New Matter of Dell, Inc. was served via first class mail, postage prepaid, on March 24, 2010, upon the following: Robert J. Hafner, Esq. ECKERT SEAMANS CHERIN & MELLOTT, LLC 50 S. 16`'' Street, 22nd Floor Two Liberty Place Philadelphia, PA 19102 Attorneys for Defendants Dell, Inc. and Sony Electronics, Inc. Jos M. Kuffler 2 6124415v.1 WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kufflerj@whiteandwilliains.com ALLSTATE INSURANCE COMPANY as ) subrogee of Jayme Binder, ) Plaintiff, ) V. ) DELL, INC., et al. ) Defendants. ) Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-346 C-) cn r" C) --t PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES rn r-> I cn 3 771 fJ 00 --r Cl - j wz c c`) rrn T AND NOW comes Plaintiff, Allstate Insurance Company as subrogee of Jayme Binder ("Allstate"), by and through its undersigned attorneys, and respectfully requests this Honorable Court to enter an appropriate Order to compel Defendants Dell, Inc. ("Dell") and Sony Electronics, Inc. ("Sony") to answer Interrogatories and respond to the Request for Production of Documents completely and fully and in accordance with the Pennsylvania Rules of Civil Procedure and, in support thereof, assign the following reasons: 1. Pursuant to Local Rule 208.3(a)(2), no judge in this Court has ruled upon any issue in the above-captioned matter or any related matter. 2. Plaintiff propounded and served written Interrogatories and Requests for Production of Documents upon Dell pursuant to the Pennsylvania Rules of Civil Procedure on June 1, 2010. 3. Plaintiff also propounded and served written Interrogatories and Requests for Production of Documents upon Sony pursuant to the Pennsylvania Rules of Civil Procedure on June 4, 2010. The Interrogatories and Requests for Production of Documents served upon Dell and Sony shall be referred to collectively as the "Discovery." 4. Subsequently, Dell and Sony requested an extension of time to serve responses to the Discovery, as the parties expected to engage in settlement negotiations in an effort to resolve this matter without the need for continued litigation. 5. A settlement had not been reached by October 28, 2010, at which point Plaintiff demanded via electronic mail that Dell and Sony provide responses to the Discovery by November 12, 2010. 6. On November 2, 2010, counsel for Dell and Sony agreed via telephone to provide responses to the Discovery by November 12, 2010. 7. On November 23, 2010, having not received the responses to the Discovery from either Dell or Sony, Plaintiff informed Defendants that it would file the instant Motion to Compel if responses were not received by December 2, 2010. 8. On December 3, 2010, counsel for Dell and Sony confirmed by telephone that no responses had been sent, and he was aware that Plaintiff would file the instant Motion to Compel. 9. Since neither Dell nor Sony have responded to the Discovery as required by the Pennsylvania Rules of Civil Procedure, Dell and Sony have waived their rights to object to the Discovery. 10. Without full and complete responses to the Discovery, Plaintiff cannot properly proceed with the preparation of its case and is prejudiced. -2- WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order directing that Dell and Sony answer the Interrogatories and respond to the Requests for Production of Documents completely, fully and in good faith as provided for in the Rules of Civil Procedure or take such other appropriate action as this Court deems proper. WHITE AND WILLIAMS LLP By: rhiloadelphia, M. Kuffler, E ire arket Street, uite 1800 PA 19103-7395 Phone: 215-864-7059 Attorneys for Plaintiff Dated: December 3, 2010 -3- J CERTIFICATE OF SERVICE I, Joseph M. Kuffler, Esquire, hereby certify that a true and correct copy of Allstate Insurance Company's Motion to Compel Discovery Responses was served via first class mail, postage prepaid, on December 3, 2010, upon the following: Robert J. Hafner, Esq. ECKERT SEAMANS CHERIN & MELLOTT, LLC 50 S. 16'' Street, 22nd Floor Two Liberty Place Philadelphia, PA 19102 Attorneys for Defendants Dell, Inc. and Sony Electronics, Inc. Jo M. Kuffler 4 6987000vA i ALLSTATE INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY as subrogee of CUMBERLAND COUNTY, PENNSYLVANIA of Jayme Binder, Plaintiff V. : DELL, INC. et al, NO. 2010 - 346 CIVIL TERM n °n Defendant C=3 e C= CJ m._. -Orn ORDER OF COURT -a ?` ?-, ?. ?ZF3 AND NOW, this 10TH day of DECEMBER, 2010 a Rule is issued upon r" , Defendants to Show Cause why the Motion to Compel Discovery Responses should not be granted. Rule returnable twenty (20) days after service. ,,,By the Court, Edward E. Guido, J. Joseph M. Kuffler, Esquire rt J. Hafner, Esquire :sld I rIISE- Srr?l?, I.Vlolto WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kufflerj@whiteandwilliams.com ALLSTATE INSURANCE COMPANY as subrogee of Jayme Binder, Plaintiff, V. DELL, INC., et al. Defendants. Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder COURT OF COMMON PLEAS c r w- "'`" CUMBERLAND COUNTY .:b Lfe-- 7 '` ` CJ --' ? Cal ?> <LD DOCKET NO. 10-346' =- -`-' ,., PLAINTIFF'S MOTION TO MAKE THE RULE ABSOLUTE TO COMPEL DISCOVERY Plaintiff Allstate Insurance Company as subrogee of Jayme Binder ("Plaintiff'), by and through its undersigned counsel, White and Williams LLP, hereby files this Motion to Make the Rule Absolute to Compel Discovery against Defendants Dell, Inc. and Sony Electronics, Inc. (the "Rule Motion"), and in support thereof avers as follows: 1. As set forth more fully in Plaintiff's Motion to Compel, which was filed on or about December 6, 2010 (the "Motion"), Plaintiff seeks to compel Defendants to serve full, complete and verified responses to Plaintiff's Interrogatories and Plaintiffs Requests for Production of Documents within twenty (20) days or suffer sanctions upon further application to the Court by Plaintiff. A true and correct copy of the Motion is attached hereto as Exhibit A. 2. Upon review of the Motion, the Court entered a Rule to Show Cause Order ("Rule") on December 10, 2010. A true and correct copy of the Rule is attached hereto as Exhibit B. 3. Plaintiff provided Defendants with a copy of the Rule on January 12, 2011. 4. The time for responding to the Rule and/or the Motion has expired, and Defendants have never filed such a response. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order (i) compelling Defendants to serve full, complete and verified responses to Plaintiffs Interrogatories and Plaintiffs Requests for Production of Documents within twenty (20) days or suffer sanctions upon further application to the Court by Plaintiff; and (ii) granting that the Rule and requested relief herein by made absolute because Defendants failed to file an Answer to the Motion at or before the time fixed for the return of the Rule. WHITE AND WILLIAMS LLP By: Jos M. Kuffler, E uire 1 Market Street, Suite 1800 Philadelphia, PA 19103-7395 Phone: 215-864-7059 Attorneys for Plaintiff Dated: March 24, 2011 -2- CERTIFICATE OF SERVICE I, Joseph M. Kuffler, Esquire, hereby certify that a true and correct copy of Allstate Insurance Company's Motion to Make Rule Absolute was served via first class mail, postage prepaid, on March 24, 2011, upon the following: Robert J. Hafner, Esq. ECKERT SEAMANS CHERIN & MELLOTT, LLC 50S. 16`h Street, 22"d Floor Two Liberty Place Philadelphia, PA 19102 Attorneys for Defendants Dell, Inc. and Sony Electronics, Inc. Jose . Kuffler 3 7396358v.1 /I tI\ • WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kufflerj@whiteandwilliams.com ALLSTATE INSURANCE COMPANY as subrogee of Jayme Binder, Plaintiff, V. DELL, INC., et al. Defendants. Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-346 PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES AND NOW comes Plaintiff, Allstate Insurance Company as subrogee of Jayme Binder ("Allstate"), by and through its undersigned attorneys, and respectfully requests this Honorable Court to enter an appropriate Order to compel Defendants Dell, Inc. ("Dell") and Sony Electronics, Inc. ("Sony") to answer Interrogatories and respond to the Request for Production of Documents completely and fully and in accordance with the Pennsylvania Rules of Civil Procedure and, in support thereof, assign the following reasons: 1. Pursuant to Local Rule 208.3(a)(2), no judge in this Court has ruled upon any issue in the above-captioned matter or any related matter. 2. Plaintiff propounded and served written Interrogatories and Requests for Production of Documents upon Dell pursuant to the Pennsylvania Rules of Civil Procedure on June 1, 2010. 3. Plaintiff also propounded and served written Interrogatories and Requests for Production of Documents upon Sony pursuant to the Pennsylvania Rules of Civil Procedure on to lob June 4, 2010. The Interrogatories and Requests for Production of Documents served upon Dell and Sony shall be referred to collectively as the "Discovery." 4. Subsequently, Dell and Sony requested an extension of time to serve responses to the Discovery, as the parties expected to engage in settlement negotiations in an effort to resolve this matter without the need for continued litigation. 5. A settlement had not been reached by October 28, 2010, at which point Plaintiff demanded via electronic mail that Dell and Sony provide responses to the Discovery by November 12, 2010. 6. On November 2, 2010, counsel for Dell and Sony agreed via telephone to provide responses to the Discovery by November 12, 2010. 7. On November 23, 2010, having not received the responses to the Discovery from either Dell or Sony, Plaintiff informed Defendants that it would file the instant Motion to Compel if responses were not received by December 2, 2010. 8. On December 3, 2010, counsel for Dell and Sony confirmed by telephone that no responses had been sent, and he was aware that Plaintiff would file the instant Motion to Compel. 9. Since neither Dell nor Sony have responded to the Discovery as required by the Pennsylvania Rules of Civil Procedure, Dell and Sony have waived their rights to object to the Discovery. 10. Without full and complete responses to the Discovery, Plaintiff cannot properly proceed with the preparation of its case and is prejudiced. -2- • 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order directing that Dell and Sony answer the Interrogatories and respond to the Requests for Production of Documents completely, fully and in good faith as provided for in the Rules of Civil Procedure or take such other appropriate action as this Court deems proper. WHITE AND WILLIAMS LLP By: /yI Jo M. Kuffler, E ire 0 Market Street, uite 1800 hiladelphia, PA 19103-7395 Phone: 215-864-7059 Attorneys for Plaintiff Dated: December 3, 2010 -3- CERTIFICATE OF SERVICE I, Joseph M. Kuffler, Esquire, hereby certify that a true and correct copy of Allstate Insurance Company's Motion to Compel Discovery Responses was served via first class mail, postage prepaid, on December 3, 2010, upon the following: Robert J. Hafner, Esq. ECKERT SEAMANS CHERIN & MELLOTT, LLC 50S. 16`h Street, 22nd Floor Two Liberty Place Philadelphia, PA 19102 Attorneys for Defendants Dell, Inc. and Sony Electronics, Inc. Jo M. Kuffler 4 6987000v.1 ???.?;? ALLSTATE INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY as subrogee of CUMBERLAND COUNTY, PENNSYLVANIA of Jayme Binder, Plaintiff V. DELL, INC. et al, : NO. 2010 - 346 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 10TH day of DECEMBER, 2010, a Rule is issued upon the Defendants to Show Cause why the Motion to Compel Discovery Responses should not be granted. Rule returnable twenty (20) days after service. y the Court, Edward E. Guido, J. Joseph M. Kuffler, Esquire Robert J. Hafner, Esquire :sld WH ITE AND WILLIAMS LLP BY: Joseph M. Kuffler Iden :ification No. 82568 165(, Market Street, Suite 1800 Phil idelphia, PA 19103-7395 215.364.7059 kuff er @whiteandwilliams.com ALI STATE INSURANCE COMPANY as subr )gee of Jayme Binder, Plaintiff, V. DEI L, INC., et al. Defendants. Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder Cl) -vim = _ COURT OF COMMON PLEAS zQ n- -CUMBERLAND COUNTY ?> w 6Q ° <Q z,. x DOCKET NO. 10-346 5 c° co N p - ? ORDER OF COURT AND NOW, this, day of I e , 2011, upon consideration of the Rule to Show Cause Order ("Rule"), Plaintiff's Motion to Make the Rule Absolute to Compel Discovery ("Rule Motion'), Plaintiffs Motion to Compel Discovery, and any responses thereto, it is hereb ? ORDERED that: 1. The Rule is made ABSOLUTE and the Rule Motion and Motion are GRANTED; and 2. Defendants Dell, Inc. and Sony Electronics, Inc. shall serve full, complete and verifi.d answers to Plaintiff's Interrogatories and Plaintiff's Requests for Production of Docu vents within twenty (20) days or suffer sanctions upon further application to the Court by Plaint Tf. BY THE COURT,~ J. 3 cc: /Joseph M. Kuffler, Esq. WHITE AND WILLIAMS LLP 1650 Market Street, Suite 1800 Philadelphia, PA 19103 Robert J. Hafner, Esq. ECKERT SEAMANS CHERIN & MELLOTT, LLC 50 S. 16th Street, 22"d Floor Two Liberty Place Philadelphia, PA 19102 ?o& 3(31 P0, ic6 r WHITE AND WILLIAMS LLP BY: Joseph M. Kuffler Identification No. 82568 1650 Market Street, Suite 1800 Philadelphia, PA 19103-7395 215.864.7059 kufflerj@whiteandwilliams.com ALLSTATE INSURANCE COMPANY as subrogee of Jayme Binder, Plaintiff, V. DELL, INC., et al. Defendants Attorneys for Plaintiff, Allstate Insurance Company a/s/o Jayme Binder COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-346 rD En <?' 't7 3 v C-) ?I PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended with prejudice. WHITE AND WILLIAMS LLP By: Jos M. Kuffler, quire Identification No. 82568 1650 Market Street, Suite 1800 Philadelphia, PA 19103-7395 Phone: 215-864-7059 Attorneys for Plaintiff Dated: January 3, 2012 CERTIFICATE OF SERVICE I, Joseph M. Kuffler, Esquire, hereby certify that a true and correct copy of Allstate Insurance Company's Praecipe to Settle, Discontinue, and End was served via first class mail, postage prepaid, on January 3, 2012, upon the following: Robert J. Hafner, Esq. ECKERT SEAMANS CHERIN & MELLOTT, LLC 50 S. 16'h Street, 22°d Floor Two Liberty Place Philadelphia, PA 19102 Attorneys for Defendants Dell, Inc. and Sony Electronics, Inc. J ph M. Kuffler