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, )

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 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.