WHITE et al v. THE PNC FINANCIAL SERVICES GROUP, INC. et al

Filing 247

MEMORANDUM ORDER THAT THE STAY THAT WAS IMPOSED ON 3/11/2015 IS LIFTED. THE PLAINTIFFS' MOTION FOR LEAVE TO AMEND THEIR COMPLAINT TO MODIFY THEIR CLAIMS UNDER RESPA IS GRANTED. THE PLAINTIFFS' MOTION FOR LEAVE TO AMEND THEIR COMPLAINT TO AD D CLAIMS UNDER RICO IS DENIED. THE CLERK OF COURT IS DIRECTED TO DOCKET PLAINTIFFS' PROPOSED AMENDED COMPLAINT AS "PLAINTIFFS' THIRD AMENDED CLASS ACTION COMPLAINT." DEFENDANTS MAY RESPOND TO PLAINTIFFS' THIRD AMENDED CLASS ACTION COMPLAINT WITHIN 21 DAYS. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/9/2017. 1/10/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NELSON WHITE, JR., et al.,
Plaintiffs,
v.
THE PNC FINANCIAL SERVICES
GROUP, INC., et al.,
Defendants.

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CIVIL ACTION
NO. 11-7928

ORDER
AND NOW, this 9th day of January, 2017, after consideration of the plaintiffs’
motion to lift stay and for leave to amend the complaint (Doc. No. 224), defendants’
memorandum of law in opposition to this motion (Doc. No. 227), plaintiffs’ reply brief in
further support of their motion (Doc. No. 231), and defendants’ sur-reply in opposition to
plaintiffs’ motion for leave to amend (Doc. No. 236), IT IS HEREBY ORDERED that:
1.

The stay that was imposed on March 11, 2015 (Doc. No. 219) is LIFTED.

2.

The plaintiffs’ motion for leave to amend their complaint to modify their

claims under RESPA is GRANTED.
3.

The plaintiffs’ motion for leave to amend their complaint to add claims

under RICO is DENIED.
4.

The Clerk of Court is directed to docket plaintiffs’ proposed amended

complaint (Doc. No. 224-2) as “plaintiffs’ third amended class action complaint.”

5.

Defendants may respond to plaintiffs’ third amended class action

complaint, in accordance with the Federal Rules of Civil Procedure, by filing either an
answer or motion within 21 days of the date that the Clerk of Court dockets the third
amended class action complaint. 1

BY THE COURT:

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

1

In accordance with this Order, any RICO claims shall be stricken with prejudice from plaintiffs’ third amended
class action complaint.