BELOFF et al v. SEASIDE PALM BEACH et al

Filing 39

MEMORANDUM AND ORDER THAT DEFENDANT SEASIDE PALM BEACH, LLC'S MOTION TO DISMISS (21) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED AS TO PLAINTIFFS' REQUESTS FOR PUNITIVE DAMAGES; THE REQUESTS FOR PUNITIVE DAMAGES (COUNTS III AND IV) ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITH FACTUAL ALLEGATIONS WHICH, IF PROVEN, COULD SUPPORT AN AWARD OF PUNITIVE DAMAGES, WITHIN 14 DAYS OF THE DATE OF THIS ORDER. IN THE ABSEN CE OF AN AMENDED COMPLAINT, DEFENDANT SHALL FILE ITS ANSWER WITHIN 21 DAYS OF THE DATE OF THIS ORDER. IF AN AMENDED COMPLAINT IS FILED, THE RESPONSE TO THE AMENDED COMPLAINT IS DUE WITHIN 21 DAYS OF THE FILING OF THE AMENDED COMPLAINT. THE MOTION IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/11/13. 7/12/13 ENTERED & E-MAILED.(fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ________________________________________ DIANE BELOFF and LELAND BELOFF, : Plaintiffs, : : CIVIL ACTION v. : : NO. 13-100 SEASIDE PALM BEACH, : Defendant. : ORDER AND NOW, this 11th day of July 2013, upon consideration of Defendant Seaside Palm Beach, LLC’s Motion to Dismiss (Doc. No. 21), and Plaintiffs’ response in opposition there to, and for the reasons stated in the Opinion filed this day, it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part as follows: 1. The Motion is GRANTED as to Plaintiffs’ requests for punitive damages; the requests for punitive damages (Counts III and IV) are DISMISSED without prejudice. Plaintiff is granted leave to file an amended complaint with factual allegations which, if proven, could support an award of punitive damages, within 14 days of the date of this Order. In the absence of an amended complaint, Defendant shall file its answer within 21 days of the date of this Order. If an amended Complaint is filed, the response to the amended complaint is due within 21 days of the filing of the amended complaint. 2. The Motion is DENIED in all other respects. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe ______________________ CYNTHIA M. RUFE, J.

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