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

Filing 285

ORDER THAT THE PLAINTIFFS' MOTION TO STRIKE PNC'S AFFIRMATIVE DEFENSES IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 8/24/17. 8/24/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

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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. : : : : : : : : : : CIVIL ACTION NO. 11-7928 ORDER AND NOW, this 24th day of August, 2017, upon consideration of the Plaintiffs’ Motion to Strike PNC’s Affirmative Defenses (Doc. No. 271), PNC’s Response in Opposition (Doc. No. 277), Plaintiffs’ Reply Memorandum (Doc. No. 279), and PNC’s Sur-Reply Memorandum (Doc. No. 283), IT IS HEREBY ORDERED that the Plaintiffs’ Motion to Strike PNC’s Affirmative Defenses (Doc. No. 271) is GRANTED in part and DENIED in part as outlined herein: 1. The Plaintiffs’ Motion to Strike PNC’s first affirmative defense is DENIED. 2. The Plaintiffs’ Motion to Strike PNC’s third affirmative defense is DENIED. 3. The Plaintiffs’ Motion to Strike PNC’s seventh affirmative defense is GRANTED with respect to Plaintiffs’ RESPA claims. 4. PNC’s seventh affirmative defense is STRICKEN with prejudice with respect to Plaintiffs’ RESPA claims. 5. The Plaintiffs’ Motion to Strike PNC’s seventh affirmative defense is DENIED with respect to Plaintiffs’ unjust enrichment claims. 6. The Plaintiffs’ Motion to Strike PNC’s eighth affirmative defense is GRANTED in part and DENIED in part as explained in Section IV(C) of this Court’s accompanying memorandum. BY THE COURT /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, C. J.

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