KELLY v. BUSINESS INFORMATION GROUP, INC.

Filing 51

MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION (DOC. NO. 38 ), IS GRANTED AND COUNT TWO OF PLAINTIFF MICHAEL KELLY'S COMPLAINT IS DISMISSED. THE PARTIES MAY SUBMIT A SUPPLEMENTAL ADDITIONAL BRIEF CONCERNING DEFENDANT'S PENDING MOTION TO STRIKE CLASS ALLEGATIONS (RE: DOC. NO. 39 ), TO BE FILED ON OR BEFORE 1/6/2017. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 12/22/2016. 12/22/2016 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL KELLY, on behalf of himself
and all others similarly situated,
Plaintiff,
v.
BUSINESS INFORMATION GROUP,
INC.,
Defendant

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CIVIL ACTION NO. 15-6668

ORDER
AND NOW, this 22nd day of December, 2016, following upon consideration of
Defendant’s Motion for Partial Judgment on the Pleadings (Doc. 38), Plaintiff’s response in
opposition (Doc. 42), and the Reply in Further Support of the motion (Doc. 44), and for the reasons
set forth in the Court’s Memorandum Opinion filed this date, IT IS HEREBY ORDERED
THAT the motion is GRANTED and that Count Two of Plaintiff Michael Kelly’s Complaint,
brought pursuant to 15 U.S.C. §1681k, is hereby DISMISSED.
IT IS FURTHER ORDERED THAT, in light of this ruling, the parties may, if they wish,
submit a supplemental additional brief of no more than 8 pages concerning Defendant’s pending
motion to strike class allegations (Doc. 39). Any such brief shall be filed on or before January 6,
2017.
BY THE COURT:

/s/ David R. Strawbridge, USMJ
DAVID R. STRAWBRIDGE
UNITED STATES MAGISTRATE JUDGE