PANNETTA v. MILFORD CHRYSLER SALES INC. et al

Filing 24

MEMORANDUM AND ORDER THAT FIRST NATIONAL BANK'S MOTION [#15] IS GRANTED; PLAINTIFF'S CLAIM AGAINST FIRST NATIONAL BANK FOR VIOLATION OF THE TRUTH IN LENDING ACT (COUNT I) IS DISMISSED WITH PREJUDICE; PLAINTIFF'S STATE LAW CLAIMS AGAINS T FIRST NATIONAL BANK (COUNTS II,IV, AND V) ARE DISMISSED WITHOUT PREJUDICE. MILFORD CHRYSLER SALES INC.'S MOTION [#12] IS GRANTED IN PART AND DENIED IN PART; PLAINTIFF'S CLAIMS AGAINST MILFORD CHRYSLER SALES INC. FOR NEGLIGENCE (COUNT IV) AND NEGLIGENT MISREPRESENTATION (COUNT V) ARE DISMISSED WITH PREJUDICE; PARAGRAPHS 45 THROUGH 49 ARE STRICKEN FROM THE FIRST AMENDED COMPLAINT; THE MOTION IS DENIED IN ALL OTHER RESPECTS. MILFORD CHRYSLER SALES INC. SHALL FILE AN ANSWER TO THE FIRST AMENDED COMPLAINT, CONSISTENT WITH THIS ORDER, BY 4/9/15. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/23/15. 3/23/15 ENTERED & E-MAILED. COPY MAILED TO UNREP. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANN M. PANNETTA
Plaintiff

CIVIL ACTION
NO. 14-05680

v.
MILFORD CHRYSLER SALES INC.,
FIRST NATIONAL BANK, MEMBERS
ONLY AUTOMOTIVE, JANE DOE, and
JOHN DOE
Defendants
ORDER

AND NOW, this 23rd day of March, 2015, upon consideration of the Motions to Dismiss
filed by Defendants Milford Chrysler Sales Inc. (Doc. No. 12) and First National Bank (Doc. No.
15), and Plaintiff Ann Pannetta’s responses in opposition (Doc. Nos. 14 and 16), it is
ORDERED that:
1. First National Bank’s Motion (Doc. No. 15) is GRANTED; Plaintiff’s claim against
First National Bank for violation of the Truth In Lending Act (Count I) is
DISMISSED WITH PREJUDICE; Plaintiff’s state law claims against First
National Bank (Counts II, IV, and V) are DISMISSED WITHOUT PREJUDICE.
2. Milford Chrysler Sales Inc.’s Motion (Doc. No. 12) is GRANTED IN PART AND
DENIED IN PART; Plaintiff’s claims against Milford Chrysler Sales Inc. for
negligence (Count IV) and negligent misrepresentation (Count V) are DISMISSED
WITH PREJUDICE; Paragraphs 45 through 49 are STRICKEN from the First
Amended Complaint; The Motion is DENIED in all other respects.

3. Milford Chrysler Sales Inc. shall file an Answer to the First Amended Complaint,
consistent with this Order, by April 9, 2015.

BY THE COURT:

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