HUMPHREYS v. BUDGET RENT A CAR SYSTEM, INC. et al

Filing 61

MEMORANDUM AND ORDER THAT THE MOTION TO DISMISS (DOC. NO.39) IS DENIED IN PART AND GRANTED IN PART. COUNTS I, II, AND IV ARE DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/22/2014. 4/22/2014 ENTERED AND COPIES E-MAILED(kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANNE HUMPHREYS,
Plaintiff,
v.
BUDGET RENT A CAR SYSTEM
INC., et al.,
Defendants.

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CIVIL ACTION

No. 10-cv-1302

ORDER
AND NOW, this 22nd day of April, 2014, upon consideration of defendants’
motion to dismiss (Doc. No. 39) and any responses thereto and in accord with the
accompanying memorandum, it is hereby ORDERED that:
1. The motion is DENIED in part and GRANTED in part.
2. Counts I, II, and IV are DISMISSED without prejudice.1

BY THE COURT:

/s/Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

1

The plaintiff may file an amended complaint curing the deficiencies in Counts I and II, if the facts permit, within
fourteen (14) days of the date of this order and the accompanying memorandum. The plaintiff may revive his
unconscionability claim (Count IV) as an affirmative defense to any counterclaim Budget may bring.