CMW INVESTMENTS LTD v. CELLCO PARTNERSHIP

Filing 16

MEMORANDUM ORDER THAT CELLCO PARTNERSHIP'S MOTION TO DISMISS (DOC. NO. 9 ), IS GRANTED. CMW'S "HOLDOVER" THEORY IS DISMISSED WITH PREJUDICE. CMW MAY AMEND ITS COMPLAINT TO SUPPORT ITS CLAIM OF A DULY SIGNED AND WRITTEN FIFTH AMENDMENT TO THE PARTIES' LEASE AGREEMENT. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/8/2016. 7/8/2016 ENTERED AND COPIES E-MAILED.(amas)

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

CMW INVESTMENTS, LTD,
Plaintiff,

CIVIL ACTION
No. 16-02220

v.
CELLCO PARTNERSHIP,
Defendant.
ORDER

AND NOW, this 8th day of July, 2016, upon consideration of Cellco Partnership’s
(“Cellco”) Motion to Dismiss (ECF No. 9), CMW Investments, LTD’s (“CMW”) Response (ECF
No. 10) and Cellco’s Reply (ECF No. 12), it is ORDERED that the motion is GRANTED.
CMW’s “holdover” theory is DISMISSED with prejudice. CMW may amend its
complaint to support its claim of a duly signed and written fifth amendment to the parties’ lease
agreement.

BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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