WORTH & COMPANY, INC. v. VON GETZIE et al

Filing 18

ORDER THAT THE MOTION OF THE DEFENDANTS TO DISMISS THE AMENDED COMPLAINT IS GRANTED. IN FAVOR OF THE DEFENDANTS PENNSYLVANIA APPRENTICESHIP AND TRAINING COUNCIL AND AGAINST PLAINTIFF WORTH & COMPANY, INC. UNDER RULE 12 (b)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE ON ALL COUNTS OF THE AMENDED COMPLAINT. UNDER RULE 12 (b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE ON COUNTS ONE, TWO, THREE AND FOUR OF THE AMENDED COMPLAINT. UNDER RULE 12 (b)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE ON COUNT FIVE OF THE AMENDED COMPLAINT; ETC.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/2/14. 4/3/14 ENTERED AND E-MAILED.(jl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WORTH & COMPANY, INC. : : : : : v. PETER VON GETZIE, et al. CIVIL ACTION NO. 13-6927 ORDER AND NOW, this 2nd day of April, 2014, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of the defendants to dismiss the amended complaint (Doc. # 11) is GRANTED: (1) in favor of the defendant Pennsylvania Apprenticeship and Training Council and against plaintiff Worth & Company, Inc. under Rule 12(b)(1) of the Federal Rules of Civil Procedure on all counts of the amended complaint; (2) in favor of the defendant individual members of the Pennsylvania Apprenticeship and Training Council, PATC Acting Director Peter Von Getzie, and Secretary of the Pennsylvania Department of Labor & Industry Julia K. Hearthway and against the plaintiff Worth & Company, Inc.: A. under Rule 12(b)(6) of the Federal Rules of Civil Procedure on counts one, two, three, and four of the amended complaint; and B. under Rule 12(b)(1) of the Federal Rules of Civil Procedure on count five of the amended complaint. BY THE COURT: /s/ Harvey Bartle III J. -2-

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