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

Filing 53

ORDER THAT DEFTS' MOTION TO TAKE JUDICIAL NOTICE IS GRANTED. DEFTS' MOTION TO DISMISS THE AMENDED COMPLAINT IS GRANTED IN PART & DENIED IN PART, ETC. WITHIN 30 DAYS FROM THE DATE OF THIS ORDER, THE REMAINING PLFFS DEVON DRIVE LIONVILLE, LP AND GEORGE SPAEDER SHALL EITHER FILE A SECOND AMENDED COMPLAINT CONSISTENT WITH THE COURT'S MEMORANDUM AND ORDER OR GIVE NOTICE THAT THEY WILL NOT PURSUE ANY FURTHER CLAIMS AGAINST DEFTS, ETC. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 11/27/17. 11/27/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

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

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CIVIL ACTION

NO. 15-3435

ORDER
AND NOW, this 27th day of November, 2017, upon consideration of (1) Defendants’
Motion to Take Judicial Notice (Doc. No. 44), Plaintiffs’ Response (Doc. No. 48), and all of the
parties’ arguments incorporated by reference from their previous briefing on issues of judicial
notice; and (2) Defendants’ Motion to Dismiss the Amended Complaint (Doc. No. 43),
Plaintiffs’ Response (Doc. No. 47), and all of the parties’ arguments incorporated by reference
from their briefing on Defendants’ Motion to Dismiss the original Complaint, it is ORDERED
that:
1.

Defendants’ Motion to Take Judicial Notice is GRANTED.

2.

Defendants’ Motion to Dismiss the Amended Complaint is GRANTED IN
PART and DENIED IN PART as follows:
a.

The Motion to Dismiss the federal and state law claims of Plaintiffs North
Charlotte Road Pottstown, LP, Main Street Peckville, LP, Rhoads Avenue
Newtown Square, LP, and John M. Shea is GRANTED and these claims
are DISMISSED WITH PREJUDICE;

b.

The Motion to Dismiss the federal and state law claims of Plaintiffs Devon
Drive Lionville, LP and George Spaeder is DENIED; and

c.

Within thirty (30) days from the date of this Order, the remaining
Plaintiffs Devon Drive Lionville, LP and George Spaeder shall either file a
second amended complaint consistent with the Court’s Memorandum and
Order or give notice that they will not pursue any further claims against
Defendants. Upon the filing of a second amended complaint, Defendants
shall have the opportunity to move for dismissal of any remaining claims.

BY THE COURT:
/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG, J.