LARRY PITT & ASSOCIATES v. LUNDY LAW, LLP et al

Filing 66

ORDER THAT DEFTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT IS GRANTED AS TO COUNTS 1, 2, 3, 4, & 7, AND GRANTED IN PART & DENIED IN PART AS TO COUNT 6. COUNTS 1, 2, 3, 4, & 7 ARE DISMISSED WITH PREJUDICE, ETC. DEFTS SHALL FILE THEIR ANSWERS TO COUNTS 5, 6, & 8 WITHIN 21 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/30/14. 10/1/14 ENTERED AND COPIES MAILED AND E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
LARRY PITT & ASSOCIATES,
:
Plaintiff,
:
v.
:
:
LUNDY LAW, LLP, et al.
:
Defendants.
:
____________________________________:

CIVIL ACTION NO. 13-2398

ORDER
AND NOW, this 30th day of September 2014, upon consideration of Defendants’ Motion
to Dismiss the Second Amended Complaint [Doc. No. 45], and the response, reply, and sur-reply
thereto, and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby
ORDERED that the Motion is GRANTED as to Counts 1, 2, 3, 4, and 7, and GRANTED in
part and DENIED in part as to Count 6. Counts 1, 2, 3, 4, and 7 are DISMISSED with
prejudice, as Plaintiff has already twice amended these claims in response to motions to dismiss
and a Memorandum Opinion of the Court, and further amendment would be inequitable and
futile.
Defendants shall file their answers to Counts 5, 6, and 8 within 21 days of the date of this
Order.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
____________________________________
CYNTHIA M. RUFE, J.