BAKER v. PENNSYLVANIA ECONOMY LEAGUE, INC. RETIREMENT INCOME PLAN et al
(REDOCKETED) MEMO/OPINION ORDER RE: DEFENDANTS' MOTION TO DIMISS IS GRANTED IN PART, DENIED IN PART, PLAINTIFF SHALL HAVE UNTIL SEPTEMBER 23, 2011 TO FILE AN AMENDED COMPLAINT.. SIGNED BY HONORABLE ANITA B. BRODY ON 8/23/2011. 8/23/2011 ENTERED AND COPIES E-MAILED.(afm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SUSAN M. BAKER,
PENNSYLVANIA ECONOMY LEAGUE, :
INC. RETIREMENT INCOME PLAN,
AND NOW, this ____ day of __________ 2011, it is ORDERED that Defendants’
motion to dismiss (Doc. #4) is GRANTED IN PART and DENIED IN PART as follows:
Defendants’ motion is GRANTED as to Plaintiff’s claim for a determination of
benefit rights (Count I) and this claim is dismissed with prejudice.
Defendants’ motion is DENIED as to Plaintiff’s claims for breach of fiduciary
duties (Count II) and restitution (Count III).
Defendants’ motion is GRANTED as to Plaintiff’s claim for equitable injunctive
relief based on a theory of equitable estoppel (Count IV) and this claim is
dismissed without prejudice. Further, Plaintiff’s request for leave to amend Count
IV of her complaint is GRANTED, and Plaintiff shall have until September 23,
2011 to file an amended complaint.
_s/Ania B. Brody______
ANITA B. BRODY, J.
Copies VIA ECF on _________ to:
Copies MAILED on _______ to:
O:\MAYA\Civil\10-6738 Baker v. PEL\Baker v. PEL Order re Motion to Dismiss.wpd
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