KUENZI v. EUROSPORT CYCLES, INC. et al

Filing 27

MEMORANDUM AND/OR OPINION ORDER THAT THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON PLAINTFF'S CLAIM THAT DEFENDANT VIOLATED THE TILA IS DENIED WITHOUT PREJUDICE., DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S CLAIM THAT THIS POTENTIAL TILA VIOLATION CONSTITUTES A VIOLATION OF UTPCPL IS DENIED WITHOUT PREJUDICE., DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON ALL OF PLAINTIFF'S OTHER CLAIMS IS GRANTED., PLAINTIFF'S CROSS MOTION TO AMEND HIS COMPLAINT IS DENIED WITHOUT PREJUDICE.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 6/29/2009. 6/30/2009 ENTERED AND COPIES MAILED TO UNREPS; AND E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOSIAH KUENZI v. EUROSPORT CYCLES, INC. ET AL

: : : : :

CIVIL ACTION

NO. 08-3906

ORDER AND NOW, this 29th day of June 2009, upon consideration of defendant Capital

One's motion for summary judgment and plaintiff Josiah Kuenzi's response thereto and crossmotion to amend his complaint, it is hereby ORDERED that: 1. Defendant's motion for summary judgment on plaintiff's claim that defendant violated the TILA by providing disclosures after the consummation of a loan is DENIED without prejudice. 2. Defendant's motion for summary judgment on plaintiff's claim that this potential TILA violation constitutes a violation of the UTPCPL is DENIED without prejudice. 3. Defendant's motion for summary judgment on all of plaintiff's other claims is GRANTED. 4. Plaintiff's cross-motion to amend his complaint is DENIED without prejudice. Plaintiff may renew his motion attaching the proposed amended pleading. He should not attempt to amend the withdrawn counts or the claims as to which summary judgment has been granted. /s Thomas N. O'Neill THOMAS N. O'NEILL, JR.

J.