SCOTT v. FRED BEANS CHEVROLET OF LIMERICK, INC. et al

Filing 30

MEMORANDUM AND ORDER THAT PLAINTIFF ALICIA SCOTT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. SCOTTS MOTION IS GRANTED AS TO DEFENDANT BEAN'S COUNTERCLAIM FOR BREACH OF CONTRACT. DEFENDANT BEAN'S COUNTERCLAIM FO R BREACH OF CONTRACT IS DISMISSED WITH PREJUDICE. SCOTTS MOTION IS DENIED AS TO HER EQUAL CREDIT OPPORTUNITY ACT CLAIM 15 U.S.C.. 1691 AND UNIFORM COMMERICAL CODE CLAIM. DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED. SCOTTS EQUAL CREDIT OPPORTUNI TY ACT 15 U.S.C. 1691 PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW AND CONVERSION CLAIMS AGAINST DEFENDANT BEANS ARE DISMISSED WITH PREJUDICE, ETC. PLAINTIFFS UTPCPL CLAIM AGAINST TIMOTHY E. DEJESUS IS DISMISSED WITH PREJUDICE. TI MOTHY E. DEJESUS IS DISMISSED FROM THIS CASE AND THE CLERK OF COURT SHALL MARK THIS DEFENDANT TERMINATED. CASE IS REFERRED TO HONORABL JACOB P. HART TO ATTEMTP TO RESOLVE THE REMAINING CLAIM IN THIS MATTER. PARTIES SHALL COOPERATE WITH JUDGE HART'S INSTRUCTIONS. FURTHER PROCEEDINGS ARE STAYED PENDING THE OUTCOME OF THE MEDIATION WITH JUDGE HART. SIGNED BY HONORABLE STEWART DALZELL ON 4/28/16. 4/29/16 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ALICIA SCOTT
v.
FRED BEANS CHEVROLET
OF LIMERICK, INC., et al.

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CIVIL ACTION

NO. 15-1071

ORDER
AND NOW, this 28th day of April, 2016, upon consideration of the cross-motions
for summary judgment filed by plaintiff Alicia Scott (docket entry #18), and defendants Fred
Beans Chevrolet (“Beans”) and Timothy E. DeJesus (docket entry #19), and for the reasons
stated in the accompanying Memorandum, it is hereby ORDERED that:
1.

Plaintiff Alicia Scott’s motion for summary judgment is GRANTED IN

PART and DENIED IN PART;
2.

Scott’s motion is GRANTED as to defendant Beans’s counterclaim for

breach of contract;
3.

Defendant Beans’s counterclaim for breach of contract is DISMISSED

WITH PREJUDICE;
4.

Scott’s motion is DENIED as to her Equal Credit Opportunity Act claim,

15 U.S.C. § 1691, and Uniform Commercial Code claim;
5.

Defendants’ motion for summary judgment is GRANTED;

6.

Scott’s Equal Credit Opportunity Act, 15 U.S.C. § 1691, Pennsylvania

Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 Pa. C.S.A. § 201-1 et
seq., and conversion claims against defendant Beans are DISMISSED WITH PREJUDICE;

7.

Plaintiff’s UTPCPL claim against Timothy E. DeJesus is DISMISSED

WITH PREJUDICE;
8.

As there is no just reason for delay for an entry of judgment pursuant to

Fed. R. Civ. P. 54(b), defendant Timothy E. DeJesus is DISMISSED from this case and the
Clerk of Court shall MARK this defendant as TERMINATED;
9.

In accordance with Local R. Civ. P. 72.1 and 28 U.S.C. § 636(b)(3), this

case is REFERRED to the Honorable Jacob P. Hart to attempt to resolve the remaining claim in
this matter;
10.

The parties shall COOPERATE in accordance with Judge Hart’s

instructions; and
11.

Further proceedings before this Court are STAYED pending the outcome

of the mediation with Judge Hart.

BY THE COURT:

/s/ Stewart Dalzell, J.
Stewart Dalzell, J.

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