SCHUTT et al v. MELMARK, INC. et al

Filing 14

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/9/16. 5/9/16 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
ALEXANDER SCHUTT, et al.,
:
:
Plaintiffs,
:
v.
:
:
MELMARK, INC., et al.,
:
:
Defendants.
:
__________________________________________:

CIVIL ACTION

No. 15-2731

ORDER
AND NOW, this 9th day of May, 2016, upon consideration of “Defendants’ Motion to
Dismiss Plaintiffs’ Complaint Pursuant to Fed. R. Civ. P. 12(b)(6)” (Doc. No. 4), the response
and reply thereto, it is hereby ORDERED that Defendants’ motion to dismiss is GRANTED in
part and DENIED in part as follows:
 The motion is GRANTED with respect to Count 1 (section 1983). Count 1 is dismissed
without prejudice.
 The motion is GRANTED with respect to Count 2 (section 1985). Count 2 is dismissed
without prejudice.
 The motion is GRANTED with respect to Count 4 (Negligence Per Se). Count 4 is
dismissed without prejudice.
 The motion is DENIED with respect to Count 5 (IIED by Schutt).
 The motion is GRANTED with respect to Count 6 (IIED by Schutt’s parents). Count 6 is
dismissed without prejudice.
 The motion is GRANTED as unopposed with respect to Count 7 (Professional
Malpractice). Count 7 is dismissed without prejudice.

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 The motion is DENIED with respect to Plaintiffs’ request for punitive damages.
 If possible, Plaintiffs may file an amended complaint to attempt to cure the deficiencies
explained in this order within thirty (30) days.
BY THE COURT:
/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.

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