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, )

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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.

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