DEVON DRIVE LIONVILLE, LP et al v. PARKE BANCORP, INC. et al

Filing 31

ORDER THAT DEFTS' MOTION TO TAKE JUDICIAL NOTICE (DOC. NO. 11) IS DENIED. DEFTS' MOTION TO DISMISS PLFFS' COMPLAINT PURSUANT TO RULE 12(b)(6) (DOC. NO. 12) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN, ETC. PLFFS MAY FILE AN AMENDED COMPLAINT TO ATTEMPT TO CURE THE DEFICIENCIES EXPLAINED IN THE MEMORANDUM OPINION ON OR BEFORE 1/30/2017, ETC. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/29/16. 12/29/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
DEVON DRIVE LIONVILLE, LP, et al.,
:
CIVIL ACTION
:
Plaintiffs,
:
:
v.
:
No. 2:15-cv-3435
:
PARKE BANCORP, INC., et al.,
:
:
Defendants.
:
__________________________________________:
ORDER
AND NOW, this 29th day of December, 2016, upon consideration of “Defendants’
Motion to Take Judicial Notice” (Doc. No. 11), “Defendants’ Motion to Dismiss Plaintiffs’
Complaint Pursuant to Rule 12(b)(6)” (Doc. No. 12), “Plaintiffs’ Memorandum of Law in
Opposition to Defendants’ Motion to Take Judicial Notice” (Doc. No. 19), “Plaintiffs’ Response
in Opposition to Defendants’ Motion to Dismiss” (Doc. No. 20), “Defendants’ Reply
Memorandum of Law in Support of Motion to Dismiss the Complaint” (Doc. No. 24),
“Plaintiffs’ Surreply in Support of their Opposition to Defendants’ Motion to Dismiss” (Doc. No.
27), “Notice of Judicial Disposition in Two Related Matters that Have Res Judicata and
Collateral Estoppel Affects” (Doc. No. 29), and in accordance with the accompanying
memorandum opinion, it is hereby ORDERED:
 “Defendants’ Motion to Take Judicial Notice” (Doc. No. 11) is DENIED.
 “Defendants’ Motion to Dismiss Plaintiffs’ Complaint Pursuant to Rule 12(b)(6)” (Doc.
No. 12) is, consistent with the accompanying memorandum opinion, GRANTED in part
and DENIED in part as follows:
 Count I (Civil RICO – 18 U.S.C. § 1962(c)) is dismissed without prejudice;

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 Count I (Civil RICO – 18 U.S.C. § 1962(b)) is dismissed without prejudice;
 Count III (Conspiracy to Engage in Civil RICO – 18 U.S.C. § 1962(d)) is
dismissed without prejudice;
 Count IV (Fraud) is dismissed without prejudice;
 Count V (Conversion) is dismissed without prejudice as to Plaintiff John M. Shea
only; and
 Count VI (Conspiracy) is dismissed without prejudice.
 Plaintiffs may file an amended complaint to attempt to cure, if possible, the deficiencies
explained in the memorandum opinion on or before January 30, 2017. Before filing an
amended complaint, Plaintiffs should carefully consider whether the contemplated
additional allegations would be sufficient to satisfy the pleading requirements under the
Federal Rules of Civil Procedure.
BY THE COURT:

/s/ Mitchell S. Goldberg
_____________________
Mitchell S. Goldberg, J.

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