MYERS v. GARFIELD & JOHNSON ENTERPRISES, INC. et al

Filing 20

ORDER THAT JACKSON HEWITT'S MOTION TO DISMISS COUNTS III, AND V IS DENIED; JACKSON HEWITT'S MOTION TO DISMISS COUNT VI IS GRANTED, AND COUNT IV OF PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 1/14/2010. 1/15/2010 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : CIVIL ACTION : : No. 09-2569 : : : : : :

REBECCA MYERS, Plaintiff, v. GARFIELD & JOHNSON ENTERPRISES, INC., et al., Defendants

Order YOHN, J. And now, this 14th day of January, 2010, upon careful consideration of defendant Jackson Hewitt's motion to dismiss Counts III through VI of the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. # 7), plaintiff's memorandum of law in opposition to Jackson Hewitt's motion to dismiss (Doc. # 10), and Jackson Hewitt's reply thereto (Doc. # 12), it is hereby ORDERED that: 1. 2. Jackson Hewitt's motion to dismiss Counts III, IV, and V is DENIED; Jackson Hewitt's motion to dismiss Count VI is GRANTED, and Count VI of plaintiff's amended complaint is dismissed.

/s/ William H. Yohn Jr. William H. Yohn Jr., Judge