DOLISON v. SAVASENIORCARE, INC. et al

Filing 63

ORDER THAT THE PART OF DEFT'S MOTION TO DISMISS PLFF'S CLAIM FOR LACK OF STANDING SEEKING DISMISSAL OF NAMED PLFF TANYA DOLISON'S INDIVIDUAL CLAIMS IN THE SECOND AMENDED COMPLAINT IS GRANTED & THOSE CLAIMS ARE DISMISSED WITH PREJUDICE; THAT PART OF DEFT'S MOTION TO DISMISS PLFF'S CLAIM FOR LACK OF STANDING SEEKING DISMISSAL OF THE CLAIMS OF THE PUTATIVE CLASS ASSERTED IN THE SECOND AMENDED COMPLAINT IS GRANTED & THOSE CLAIMS ARE DISMISSED WITHOUT PREJUDICE. PLFF'S MOTION FOR CLASS CERITIFICATION IS DENIED. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/12/19. 2/13/19 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TANYA DOLISON, Individually and as a
Representative of the Class,
Plaintiff,

CIVIL ACTION

v.
NO. 15-3135
SAVASENIORCARE ADMINISTRATIVE
SERVICES, LLC,
Defendant.
ORDER
AND NOW, this 12th day of February, 2019, upon consideration of Plaintiff’s Motion
for Class Certification (Document No. 45, filed March 16, 2018), Defendant’s Response in
Opposition to Plaintiff’s Motion for Class Certification (Document No. 57, filed April 27, 2018),
Plaintiff’s Reply in Support of Motion for Class Certification (Document No. 61, filed May 25,
2018), Defendant’s Motion to Dismiss Plaintiff’s Claim for Lack of Standing (Document No. 47,
filed March 23, 2018), Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Dismiss
(Document No. 52, filed April 20, 2018), and Defendant’s Reply in Support of its Motion to
Dismiss Plaintiff’s Claim for Lack of Standing (Document No. 60, filed May 18, 2018), for the
reasons stated in the accompanying Memorandum dated February 12, 2019, IT IS ORDERED
as follows:
1.

That part of defendant’s Motion to Dismiss Plaintiff’s Claim for Lack of Standing

seeking dismissal of named plaintiff Tanya Dolison’s individual claims in the Second Amended
Complaint is GRANTED and those claims are DISMISSED WITH PREJUDICE;
2.

That part of defendant’s Motion to Dismiss Plaintiff’s Claim for Lack of Standing

seeking dismissal of the claims of the putative class asserted in the Second Amended Complaint
is GRANTED and those claims are DISMISSED WITHOUT PREJUDICE;

3.

Plaintiff’s Motion for Class Certification is DENIED.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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