THOMAS v. U.S. AIRWAYS et al

Filing 14

MEMORANDUM AND ORDER THAT MOTION TO DISMISS (DOC. 3) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED TO THE EXTENT THAT IT SEEKS DISMISSAL OF PLAINTIFFS CLAIMS AGAINST U.S. AIRWAYS, INC., AZIM MCKNIGHT, PRUDENCE LAING AND U.S. AIRWAYS JOHN DOES 1-25 AND JANE DOE 1-25, IN COUNTS VI, VII & VIII OF PLAINTIFFS COMPLAINT. PLAINTIFFS CLAIMS AGAINST U.S. AIRWAYS, INC., AZIM MCKNIGHT, PRUDENCE LAING AND U.S. AIRWAYS JOHN DOES 1-25 AND JANE DOES 1-25 IN COUNT VI, VII AND VIII ARE DISMISSED. THE MOTION IS DENIED TO THE EXTENT THAT IT SEEKS DISMISSAL OF PLAINTIFFS BAD FAITH CLAIMS AND ALLEGATIONS OF RECKLESSNESS IN COUNT IX, X, XI AND XIII OF PLAINTIFFS COMPLAINT. THE MOTION IS DENIED TO THE EXTENT THAT IT SEEKS DISMISSAL OF PL AINTIFFS COUNT IX, X, XI, XIII CLAIMS AGAINST U.S. AIRWAYS JOHN DOES 1-25 AND U.S. AIRWAYS JANE DOES 1-25. FURTHER ORDERED THAT ON OR BEFORE 5/27/14 PLAINTIFF IS PERMITTED TO FILE AN AMENDED COMPLAINT TO THE EXTENT THAT HE IS ABLE TO ALLEGE FACTS SUFFICIENT TO SUPPORT HIS DISMISSED CLAIMS.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 5/13/14. 5/13/14 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES THOMAS
v.
U.S. AIRWAYS, et al.

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CIVIL ACTION
No. 13-6121

ORDER
AND NOW, this 13th day of May, 2014, upon consideration of a motion to dismiss by
U.S. Airways, Inc., Azim McKnight and Prudence Laing (Dkt. No. 3) and plaintiff James
Thomas’s response thereto (Dkt. No. 5) and consistent with the accompanying memorandum of
law, it is ORDERED that the motion is GRANTED in part and DENIED IN PART as follows:
1.

The motion is GRANTED to the extent that it seeks dismissal of plaintiff’s claims

against U.S. Airways, Inc., Azim McKnight, Prudence Laing and U.S. Airways John Does 1-25
and Jane Does 1-25, in Counts VI, VII and VIII of plaintiff’s complaint. Plaintiff’s claims
against U.S. Airways, Inc., Azim McKnight, Prudence Laing and U.S. Airways John Does 1-25
and Jane Does 1-25 in Count VI, VII and VIII are DISMISSED.
2.

The motion is DENIED to the extent that it seeks dismissal of plaintiff’s bad faith

claims and allegations of recklessness in Count IX, X, XI and XIII of plaintiff’s complaint.
3.

The motion is DENIED to the extent that it seeks dismissal of plaintiff’s Count

IX, X, XI, XIII claims against U.S. Airways John Does 1-25 and U.S. Airways Jane Does 1-25.
It is FURTHER ORDERED that:
1.

On or before May 27, 2014, plaintiff is permitted to file an amended complaint to

the extent that he is able to allege facts sufficient to support his dismissed claims.

___/s/ Thomas O’Neill_______
THOMAS N. O’NEILL, JR., J.