REVIELLO v. PHILADELPHIA FEDERAL CREDIT UNION

Filing 18

ORDER THAT PHILA. FEDERAL CREDIT UNION'S MOTION TO DISMISS GERALD REVIELLO'S EFTA CLAIM IS GRANTED. PLFF'S EFTA CLAIM IS DISMISSED. PHILA FEDERAL CREDIT UNION'S MOTION TO DISMISS GERALD REVIELLO'S ADA CLAIM IS GRANTED. PLFF&# 039;S ADA CLAIM IS DISMISSED. PLFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT ASSERTING A CLAIM UNDER THE ADA WITHIN 14 DAYS OF THE DATE OF THIS ORDER, ETC. GERALD REVIELLO'S MOTION TO STRIKE ALLEGATIONS IN DEFT'S MOTION TO DISMISS IS DENIED AS MOOT. ( SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 6/14/12. ) 6/15/12 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GERALD REVIELLO
v.
PHILADELPHIA FEDERAL CREDIT
UNION

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CIVIL ACTION
NO. 12-508

ORDER
AND NOW, this 14th day of June, 2012, after consideration of defendant Philadelphia
Federal Credit Union’s Motion to Dismiss the Complaint of plaintiff Gerald Reviello and
plaintiff’s response, it is ORDERED that:
(1)

Philadelphia Federal Credit Union’s motion to dismiss Gerald Reviello’s
EFTA claim is GRANTED. Plaintiff’s EFTA claim is DISMISSED.

(2)

Philadelphia Federal Credit Union’s motion to dismiss Gerald Reviello’s
ADA claim is GRANTED. Plaintiff’s ADA claim is DISMISSED.
Plaintiff is granted leave to file an amended complaint asserting a claim
under the ADA within 14 days of the date of this Order to the extent that
he is able to allege sufficient facts to establish that he has standing and
further that he was deprived the “full and equal enjoyment” of defendant’s
ATM.

(3)

Gerald Reviello’s motion to strike allegations in defendant’s motion to
dismiss is DENIED as moot.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.