JONES v. ARIA HEALTH

Filing 13

ORDER THAT THE 7 MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS THE MOTION IS DENIED WITH RESPECT TO COUNT I. THE MOTION IS GRANTED WITH RESPECT TO COUNT II, WHICH IS HEREBY DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE AN AMENDED COMPL AINT WITHIN THIRTY DAYS AND SHOULD BE GUIDED BY THE ACCOMPANYING MEMORANDUM OPINION. THE MOTION IS DENIED WITH RESPECT TO COUNT III. DEFENDANTS REQUEST TO STRIKE PATTERN AND PRACTICE ALLEGATIONS IS DENIED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 1/2/14. 1/6/14 ENTERED AND COPIES E-MAILED. (mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEAN ELIZABETH JONES,
Plaintiff,
v.

CIVIL ACTION
NO. 13-1090

ARIA HEALTH,
Defendant.

ORDER
AND NOW, this 2nd day of January, 2014, upon consideration of Defendant’s
Motion to Dismiss (Docket #7), Plaintiff’s response, and all supporting briefs, it is hereby
ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as
follows:
1. The Motion is DENIED with respect to Count I.
2. The Motion is GRANTED with respect to Count II, which is hereby
DISMISSED WITHOUT PREJUDICE. Plaintiff may file an amended
complaint within thirty days and should be guided by the accompanying
memorandum opinion.
3. The Motion is DENIED with respect to Count III.
4. Defendant’s request to strike pattern and practice allegations is DENIED.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.