ALLEN et al v. CHICAGO STEEL (PA), LLC et al

Filing 17

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION FOR RECONSIDERATION IS GRANTED. IT IS FURTHER ORDERED THAT COURTS 6/1/10 (DOC. 11) IS VACATED AND PLAINTIFFS MOTION FOR ENLARGEMENT OF TIME (DOC. 8) IS GRANTED. PLAINTIFFS COUNSEL IS ORDERED TO PAY ATTORNEY S FEES AND COSTS ASSOCIATED WITH DEFENDANTS REPLY TO THE MOTION TO DISMISS. PLAINTIFFS MOTION FOR REMAND IS DENIED; DEFENDANTS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT COUNT I OF THE COMPLAINT IS DISMISSED W ITHOUT PREJUDICE AGAINST DEFENDANTS BILL BOAK AND CLAUDIA EATON AND THAT COUNT V OF THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE AGAINST ALL DEFENDANTS. THE MOTION TO DISMISS IS DENIED IN ALL OTHER RESPECTS.. SIGNED BY HONORABLE ROBERT F. KELLY ON 7/27/10. 7/27/10 ENTERED AND COPIES EMAILED.(rf, )

ALLEN et al v. CHICAGO STEEL (PA), LLC et al

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : TIM ALLEN, et al., : CIVIL ACTION : Plaintiffs, : : v. : No. 10-1931 : CHICAGO STEEL (PA), LLC, et al., : : Defendants. : __________________________________________: ORDER AND NOW, this 27th day of July, 2010, upon consideration of: (1) Plaintiffs Tim Allen, Dave Bergner, Tim Bushey, Frank Ellis, Barry Gosline, Harley Green, Tracy Grogan, Aaron Grogan, Jim Ksionka, Paul McLaughlin, Joe Monhand, Tony Perrone, and Ed Sherry's (collectively, "Plaintiffs") Motion for Reconsideration of this Court's June 1, 2010 Order dismissing Plaintiffs' Complaint (Doc. No. 12); (2) Plaintiffs' Motion for Remand to the Philadelphia Court of Common Pleas (Doc. No. 7); and (3) Defendants Chicago Steel (PA), LLC, Chicago Steel (IN), LLC, Chicago Steel and Tinplate Processing, Inc., Chicago Steel and Tinplate, Inc., Chicago Steel Limited Partnership, Chicago Steel, Inc., Dan Phillips, Kathy Paxton, Bill Boak, and Claudia Eaton's (collectively, "Defendants") Motion to Dismiss (Doc. No. 4), and the Responses and Replies thereto, it is hereby ORDERED as follows: (1) Plaintiffs' Motion for Reconsideration is GRANTED. It is FURTHER ORDERED that the Court's June 1, 2010 Order (Doc. No. 11) is VACATED and that Plaintiffs' Motion for Enlargement of Time (Doc. No. 8) is GRANTED. Plaintiffs' counsel is ORDERED to pay the attorneys' fees and costs associated

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with Defendants' Reply to the Motion to Dismiss; (2) (3) Plaintiffs' Motion for Remand is DENIED; and Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART. It is FURTHER ORDERED that Count I of the Complaint is DISMISSED WITHOUT PREJUDICE against Defendants Bill Boak and Claudia Eaton and that Count V of the Complaint is DISMISSED WITHOUT PREJUDICE against all Defendants. The Motion to Dismiss is DENIED in all other respects.

BY THE COURT:

/s/ Robert F. Kelly ROBERT F. KELLY SENIOR JUDGE

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