MONTGOMERY v. LABORERS DISTRICT COUNCIL OF PHILADELPHIA AND VICINITY et al

Filing 13

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS DENIED IN PART AND GRANTED IN PART. DEFENDANTS' MOTION TO DISMISS AGAINST THE LABORERS' DISTRICT COUNCIL OF PHILADELPHIA AND VICINITY, LABORERS LOCAL 332, SAMUEL STATEN, JR., AND CORY ROBINSO N PURSUANT TO RULE 12(b)(6) IS DENIED. DEFENDNATS' MOTION TO DISMISS THE COMPLAINT AGAINST RYAN N. BOYER PURSUANT TO RULE 12(b)(6) IS GRANTED; AND PLAINTIFF'S CLAIMS AGAINST ALL DEFENDANTS PURSUANT TO SECTIONS 101(a)(5) AND 609 OF THE LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/27/2015. 7/27/2015 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(ahf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMERE MONTGOMERY,
Plaintiff,
CIVIL ACTION
NO. 15-02815

v.
LABORERS DISTRICT COUNCIL OF
PHILADELPHIA AND VICINITY, et al.,
Defendants.
ORDER

AND NOW, this 27th day of July, 2015, upon consideration of Defendants’ motion to
dismiss (ECF No. 7), Plaintiff’s opposition thereto (ECF No. 8), Defendants’ reply (ECF No. 9),
and Plaintiff’s surreply (ECF No. 11), it is hereby ORDERED that the motion is DENIED IN
PART and GRANTED IN PART. It is FURTHER ORDERED that:
1.

Defendants’ motion to dismiss the complaint against the Laborers’ District
Council of Philadelphia and Vicinity, Laborers Local 332, Samuel Staten, Jr., and
Cory Robinson pursuant to Rule 12(b)(6) is DENIED;

2.

Defendants’ motion to dismiss the complaint against Ryan N. Boyer pursuant to
Rule 12(b)(6) is GRANTED; and

3.

Plaintiff’s claims against all Defendants pursuant to Sections 101(a)(5) and 609 of
the Labor Management Reporting and Disclosure Act, 29 U.S.C. §§ 411(a)(5),
529, are DISMISSED WITH PREJUDICE.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.