BUTTERLINE et al v. BANK OF NEW YORK TRUST CO. et al
ORDER THAT PLAINTIFF'S MOTION TO AMEND THE AMENDED CLASS ACTION COMPLAINT (DOC. 33 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFEDANTS MOTION TO DISMISS WITH PREJDUICE (DOC. 34 ) IS GRANTED. PLAINTIFF'S MOTION TO SUBSTIT UE SECOND AMENDED COMPLAINT (DOC. 37 ) IS DENIED. DEFENDANT BANK OF NEW YORK MELLON TRUST COMPANY, N.A. SHALL FILE AN ANSWER TO PLAINTIFFS' SECOND AMENDED COMPLAINT ON OR BEFORE 4/24/2017. ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/20/2017. 3/20/2017 ENTERED AND COPIES E-MAILED.(sg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LISA BUTTERLINE, et al.
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION, et al.
AND NOW, this 20th day of March, 2017, for the reasons set forth in the accompanying
Memorandum, it is ORDERED:
Plaintiffs Lisa and Mark Butterline’s Motion to Amend the Amended Class Action
Complaint (Document 33) is GRANTED in part and DENIED in part. The Motion is
GRANTED insofar as Plaintiffs shall be permitted to file a second amended
complaint to assert a third party beneficiary breach of contract claim against the Bank
of New York Mellon Trust Company, N.A. Plaintiffs shall file their second amended
complaint on or before April 3, 2017. Insofar as Plaintiffs seek leave to pursue
constitutional and contract claims against the City of Philadelphia and City of
Philadelphia Sheriff’s Office, the Motion is DENIED.
Defendants City of Philadelphia and City of Philadelphia Sheriff’s Office’s Motion to
Dismiss With Prejudice or, in the Alternative, to Deny Leave to Amend (Document
34) is GRANTED.
Plaintiffs’ Motion to Substitute Second Amended Complaint Attached to Plaintiffs’
Motion to Amend Plaintiffs’ Amended Complaint (Document 37) is DENIED.
Defendant Bank of New York Mellon Trust Company, N.A., shall file an answer to
Plaintiffs’ second amended complaint on or before April 24, 2017.
The parties shall submit a joint proposed scheduling order to the Court on or before
May 8, 2017.
BY THE COURT:
/s/ Juan R. Sánchez
Juan R. Sánchez, J.
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