WYATT v. PHILADELPHIA HOUSING AUTHORITY et al
ORDER THAT PLAINTIFF HAS VOLUNTARILY DISMISSED COUNTS II, IV, AND VII OF THE AMENDED COMPLAINT, AS WELL AS THE BREACH OF FIDUCIARY DUTY CLAIMS SET FORTH IN COUNT I, AND THE ERISA CLAIMS AGAINST THE PHA IN COUNT VI. THESE CLAIMS ARE DISMISSED WITH PRE JUDICE. THE REMAINING CLAIMS IN COUNT I AND VI AND THE CLAIMS IN COUNTS III AND V ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT TO ATTEMPT TO REMEDY THE PLEADING DEFICIENCIES WITH REGARD TO THE BREACH OF CONTRACT/UNJU ST ENRICHMENT CLAIMS, THE RETALIATION CLAIMS, AND THE ERISA CLAIM AGAINST THE UNION, ON OR BEFORE 3/21/2016. FAILURE TO DO SO WILL RESULT IN THE DISMISSAL OF THESE CLAIMS WITH PREJUDICE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/1/2016. 3/2/2016 ENTERED AND COPIES E-MAILED.(sg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CASE NO. 15-2259
AUTHORITY, et al.
AND NOW, this 1st day of March 2016, upon consideration of Defendants’ Motions to
Dismiss [Doc. No. 16 and 17], Plaintiff’s omnibus response thereto [Doc. No. 23], and the
PHA’s reply [Doc. No. 24], and for the reasons set forth in the accompanying Memorandum
Opinion, it is hereby ORDERED that:
1. Plaintiff has voluntarily dismissed Counts II, IV, and VII of the Amended Complaint,
as well as the Breach of Fiduciary Duty claims set forth in Count I, and the ERISA claims
against the PHA in Count VI. These claims are DISMISSED with prejudice.
2. The remaining claims in Counts I and VI and the claims in Counts III and V are
DISMISSED without prejudice. Plaintiff may file a Second Amended Complaint, to attempt to
remedy the pleading deficiencies with regard to the breach of contract/unjust enrichment claims,
the retaliation claims, and the ERISA claim against the union, on or before March 21, 2016.
Failure to do so will result in the dismissal of these claims with prejudice.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
CYNTHIA M. RUFE, J.
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