IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
February 13, 2006
EDGAR A. MARESHIE, PLAINTIFF,
SUN TERRACE CASUAL FUNITURE, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Stiehl, District Judge
Before the Court is defendant The Home Depot's (properly named Home Depot, U.S.A., Inc.) motion to dismiss, to which plaintiff has not responded.
Home Depot has submitted an affidavit stating that it did not manufacture the product alleged to have caused plaintiff injury in this products liability action. Home Depot claims that it should be dismissed because it is not the manufacturer of the product, nor does it fall under another category for liability under the applicable state statute. Plaintiff has not responded to the motion.
Accordingly, the Court GRANTS the motion to dismiss. The Home Depot (properly named Home Depot, U.S.A., Inc.) is hereby DISMISSED from this action.
IT IS SO ORDERED.
WILLIAM D. STIEHL DISTRICT JUDGE
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