ADAMS et al v. US AIRWAYS GROUP, INC. et al

Filing 23

MEMORANDUM AND/OR OPINION ORDER THAT DEFTS' MOTION TO DISMISS (DOC. #15) IS DENIED WITH RESPECT TO COUNT I; GRANTED WITH RESPECT TO COUNT II; GRANTED WITH REPECT TO COUNT III'S ALLEGATION PERTAINING TO THE FAILURE TO PROVIDE PROPER SEATBELTS; AND DENIED WITH RESPECT TO COUNT III'S ALLEGATION PERTAINING TO PLAINTIFFS' REMOVAL FROM THE PLANE. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/18/2013. 10/18/2013 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
SHARNAE ADAMS, et al.,
:
Plaintiffs,
:
:
v.
:
:
U.S. AIRWAYS GROUP, INC., et al.,
:
Defendants.
:
__________________________________________:

CIVIL ACTION

No. 12-5603

ORDER
AND NOW, this 18th day of October, 2013, upon consideration of Defendants’ “Motion
to Dismiss Plaintiffs’ First Amended Complaint” (Doc. No. 15), Plaintiffs’ response and
Defendants’ reply, it is hereby ORDERED that:
-

With respect to Count I, Defendants’ motion is DENIED.

-

With respect to Count II, Defendants’ motion is GRANTED.

-

With respect to Count III’s allegations pertaining to the failure to provide
proper seatbelts, Defendants’ motion is GRANTED.

-

With respect to Count III’s allegation pertaining to Plaintiffs’ removal from
the plane, Defendants’ motion is DENIED.

BY THE COURT:
/s/ Mitchell S. Goldberg
______________________________
Mitchell S. Goldberg, J.