THORPE et al v. BOLLINGER SPORTS, LLC et al

Filing 39

MEMORANDUM AND ORDER THAT PLAINTIFFS MAY FILE A SECOND AMENDED COMPLAINT IN SUBSTANTIALLY THE SAME FORM AS THE PROPOSED AMENDED COMPLAINT ATTACHED AS EXHIBIT 3 TO PLAINTIFFS' MOTION. THE SECOND AMENDED COMPLAINT MUST, HOWEVER, DELETE THE REQUEST FOR PUNITIVE DAMAGES IN THE WHEREFORE CLAUSE FOLLOWING THE BREACH OF WARRANTY CLAIM DESCRIBED IN COUNT IV. DEFENDANT BELL SPORTS, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS [DOC.NOS.24,35] ARE DENIED AS MOOT. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/27/15. 5/27/15 ENTERED & E-MAILED. COPY MAILED TO UNREP.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GLENN THORPE and PATRICIA
THORPE,
Plaintiffs,

CIVIL ACTION
NO. 14-04520

v.
BOLLINGER SPORTS, LLC; MODELL’S
SPORTING GOODS, INC.; BRG SPORTS,
INC.; and BELL SPORTS, INC.,
Defendants.

ORDER
AND NOW, this 27th day of May, 2015, upon consideration of Plaintiffs Glenn and
Patricia Thorpe’s Motion for Leave to File a Second Amended Complaint, (Doc. No. 30), and
Defendant Bollinger Sports, LLC’s response in opposition, (Doc. No. 32), it is ORDERED that
1. Plaintiffs may file a Second Amended Complaint in substantially the same form as the
proposed amended complaint attached as Exhibit 3 to Plaintiffs’ motion. The Second
Amended Complaint must, however, delete the request for punitive damages in the
wherefore clause following the breach of warranty claim described in Count IV.
2. Defendant Bell Sport, Inc.’s Motions for Judgment on the Pleadings, (Doc. Nos. 24, 35)
are DENIED as moot.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.