BANK et al v. CITY OF PHILADELPHIA et al

Filing 75

MEMORANDUM AND ORDER THAT THE FOSTER DEFENDANTS' MOTION TO DISMISS ALFRED JEFFERSON'S THIRD-PARTY COMPLAINT (DOC. NO.66) IS GRANTED IN PART AND DENIED IN PART. THE FOSTER DEFENDANT'S MOTION TO DISMISS CENTURY MOTORS' SECOND AMENDE D CROSSCLAIMS (DOC. NO.53) IS GRANTED. CENTURY MOTORS IS GRANTED LEAVE TO AMEND ITS ANSWER TO PLAINTIFFS' COMPALINT AND TO FILE AN AMENDED CROSSCLAIM. CENTURY MOTORS HAS UNTIL 1/31/2014 TO FILE AN AMENDED PLEADING, IF ANY IS TO BE FILED. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 1/9/2014. 1/10/2014 ENTERED AND COPIES E-MAILED (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOHN B.R. BANK et al.,
Plaintiffs,
v.

CIVIL ACTION
NO. 13-2682

CITY OF PHILADELPHIA et al.,
Defendants.

ORDER
AND NOW, this 9th day of January 2014, upon consideration of the Complaint (Doc.
No. 1), the Amended Third-Party Complaint of Alfred Jefferson (Doc. Nos. 55, 56), the Foster
Defendants' Motion to Dismiss Jefferson's Third-Party Complaint (Doc. No. 66), Alfred
Jefferson's Response in Opposition (Doc. No. 70), Defendant Century Motors' Second Amended
Answer (Doc. No. 48), the Foster Defendants' Motion to Dismiss Century Motors' Second
Amended Crossclaim (Doc. No. 53), the Response of Century Motors in Opposition (Doc. No.
54-2), the arguments of counsel for the parties during a hearing on the Motions held on
December 11, 2013, and in accordance with the Opinion of the Court issued this day, it is

ORDERED as follows:
1. The Foster Defendants' Motion to Dismiss Alfred Jefferson's Third-Party Complaint
(Doc. No. 66) is granted in part and denied in part. The Motion is GRANTED with
respect to Jefferson's indemnity claim on Count I. The Motion is DENIED with respect
to Jefferson's indemnity claim on Counts II-IV.

1

2. The Foster Defendants' Motion to Dismiss Century Motors' Second Amended Crossclaim
(Doc. No. 53) is GRANTED.
3. Century Motors is granted leave to amend its Answer to Plaintiffs' Complaint and to file
an amended crossclaim. Century Motors has until January 3 1, 2014 to file an amended
pleading, if any is to be filed.

BY THE COURT:

2