BLOCKER v. COMMUNITY EDUCATION CENTERS, INC.

Filing 20

ORDERED THAT DEFENDANT'S MOTION TO DISMISS (DOCKET NO. 4) IS DENIED IN PART AND GRANTED IN PART AS SET FORTH IN THE ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/7/14. 4/7/14 ENTERED AND COPIES E-MAILED.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANGELINA BLOCKER,
Plaintiff,
v.
COMMUNITY EDUCATION CENTERS,
INC.,
Defendant.

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CIVIL ACTION

No. 13-5127

ORDER
AND NOW, this 7th day of April, 2014, upon consideration of Defendant’s Motion to
Dismiss and to Strike (Docket No. 4), Plaintiff’s Opposition thereto (Docket Nos. 7, 8), the
parties’ supplemental briefing (Docket Nos. 15, 16, 18), and following oral argument on March
18, 2014, it is hereby ORDERED that:
1. Defendant’s Motion to Dismiss and to Strike (Docket No. 4) is GRANTED in part
and DENIED in part. Counts I, II, III, IV, V, VI, XI, XII, XIV, and XV are
DISMISSED with prejudice. Counts VII, VIII, and XIII are DISMISSED without
prejudice. Defendant’s Motion to Dismiss is DENIED as to Counts IX and X.
Defendant’s Motion to Strike is GRANTED as to the portions of paragraphs 43 and
45 identified in the Memorandum accompanying this Order and DENIED as to the
other paragraphs Defendant moved to strike.
2. Plaintiff may file an amended complaint as to the counts dismissed without prejudice
no later than 14 days from the date of this Order.
3. Should Plaintiff choose to file an amended complaint, Defendant shall respond to that
amended complaint no later than 14 days from the date it is filed. Should Plaintiff not
choose to file an amended complaint, Defendant shall answer Plaintiff’s Complaint

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no later than 28 days from the date of this Order.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE

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