NIMLEY v. PTT PHONE CARDS INC.

Filing 19

ORDER THAT FOR THE REASONS STATED IN A MEMORANDUM OF LAW BEARING TODAY'S DATE, THE DEFENDANT'S MOTION IS GRANTED. THIS CASE IS DISMISSED. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/14/14. 4/15/14 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROCKSON NIMLEY, on behalf of
himself and all others
similarly situated
v.
PTT PHONE CARDS INC.
d/b/a STAR PINLESS

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CIVIL ACTION

NO. 13-2216

ORDER
AND NOW, this 14th day of April, 2014, upon
consideration of Defendant’s Notice of Motion to Dismiss
Plaintiff’s Complaint Under Rule 12(b)(6) and 12(f) (Docket No.
9), and the opposition and reply thereto, IT IS HEREBY ORDERED,
for the reasons stated in a memorandum of law bearing today’s
date, that the defendant’s motion is GRANTED.1

This case is

dismissed.
The plaintiff’s breach of implied-in-fact contract and
unjust enrichment claims are dismissed with prejudice.
The plaintiff’s claim under the New Jersey Consumer
Fraud Act is dismissed without prejudice.

1

The plaintiff may

To the extent the defendant has moved to strike the class
allegations, the Court denies that motion as moot.

file an amended complaint to re-plead the claim dismissed
without prejudice within 30 days of the date of this Order.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

2