MATHIS v. CHRISTIAN HEATING AND AIR CONDITIONING, INC.

Filing 28

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR CLARIFICATION, TREATED AS A MOTION FOR RECONSIDERATION, IS GRANTED; THE 10/7/14 MEMORANDUM [#15] AND ORDER [#16] ARE VACATED; AND DEFENDANT'S MOTION TO DISMISS PURSUANT TO RULE 12(B)(6) IS DENIED. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/12/15. 3/12/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PAUL MATHIS,

CIVIL ACTION
Plaintiff,

v.
CHRISTIAN HEATING AND AIR
CONDITIONING, INC.,
Defendant.

NO. 13-3740

ORDER
AND NOW, this 12th day of March, 2015, upon consideration of Plaintiff’s Motion for
Clarification of the Court’s Memorandum and Opinion Regarding Defendant’s Motion to Dismiss
(ECF No. 15) (Document No. 20, filed February 20, 2015); Answer of Defendant Christian
Heating & Air Conditioning, Inc. to Plaintiff’s Motion for Clarification (Document No. 21, filed
February 27, 2015); Plaintiff’s Reply Memorandum of Law in Further Support of Motion for
Clarification of the Court’s Memorandum and Opinion Regarding Defendant’s Motion to Dismiss
(ECF No. 15) (Document No. 24, filed March 2, 2015); Defendant Christian Heating and Air
Conditioning, Inc.’s Motion to Dismiss Pursuant to Rule 12(b)(6) (Document No. 10, filed
October 1, 2013); Plaintiff’s Memorandum of Law in Opposition to Defendant’s Motion to
Dismiss (Document No. 12, filed October 8, 2013); and Reply Memorandum of Defendant
Christina Heating & Air Conditioning, Inc. in Support of Rule 12(b)(6) Motion to Dismiss
(Document No. 13, filed October 15, 2013), for the reasons stated in the attached Memorandum
dated March 12, 2015, IT IS ORDERED as follows:
1.

Plaintiff’s Motion for Clarification, treated as a Motion for Reconsideration, is

GRANTED;
2.

The October 7, 2014 Memorandum (Document No. 15) and Order (Document No.

16) are VACATED; and
3.

Defendant’s Motion to Dismiss Pursuant to Rule 12(b)(6) is DENIED.

BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.