BELL et al v. ABLE & SULLIVAN, LLC et al

Filing 12

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION TO DISMISS (DOC. 8) IS DENIED AS TO ALL COUNTS OF THE COMPLAINT AS AGAINST ABLE & SULLIVAN, LLC. GRANTED AS TO CLAIMS AGAINST RHONDA SULLIVAN. ACCORDINGLY, COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS TO LEAVE TO FILE AN AMENDED COMPLAINT IF PLAINTIFF SECURES SUFFICIENT FACTS, WITHIN 30 DAYS. DEFENDANTS REQUEST TO STRIKE MATERIAL FROM COMPLAINT IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/13/16. 9/13/16 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TERESA BELL and NICHOLAS BELL,
Plaintiffs,

CIVIL ACTION

v.
ABLE & SULLIVAN, LLC and RHONDA
SULLIVAN,
Defendants.

NO. 16-1851

ORDER
AND NOW this 13th day of September, 2016, for the reasons stated in the foregoing
Memorandum, it is hereby ORDERED that the Plaintiffs’ Motion to Dismiss (ECF 8) is:
1.

DENIED as to all Counts of the Complaint as against Able & Sullivan, LLC;

2.

GRANTED as to claims against Rhonda Sullivan. Accordingly, the Complaint is

DISMISSED WITHOUT PREJUDICE and with leave to file an Amended Complaint if
Plaintiffs secure sufficient facts, within thirty (30) days.
Defendants’ request to strike material from the Complaint is DENIED.
BY THIS COURT:

/s/ Michael M. Baylson
MICHAEL M. BAYLSON
United States District Court Judge
O:\CIVIL 16\16-1851 Bell v. Able & Sullivan LLC\Order on Memo re MTD and Strike.docx