LANDAU v. VIRIDIAN ENERGY PA, LLC

Filing 25

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED AS TO COUNT II, COUNT V, AND COUNT IV, PARTIAL. DEFENDANT'S MOTION TO DISMISS IS DENIED AS TO ALL OF PLAINTIFF'S OTHER CLAIMS. DEFENDANT'S MOTION TO STRIKE IS DENIED.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/30/2016. 11/30/2016 ENTERED AND COPIES E-MAILED.(kp, )

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

STEVEN LANDAU, on behalf of himself and all :
others similarly situated,
:
Plaintiff,
:
:
v.
:
:
VIRIDIAN ENERGY PA LLC,
:
Defendant.
:

MCHUGH, J.

CIVIL ACTION
No. 16-2383

November 30, 2016
ORDER

This 30th day of November, 2016, upon consideration of the Motion to Dismiss
Plaintiff’s Complaint and the Motion to Strike Plaintiff’s Class Allegations filed by Defendant
Viridian Energy PA LLC, and the responsive pleadings thereto, it is hereby ORDERED that:
1. Defendant’s Motion to Dismiss is GRANTED as to Plaintiff’s claim for breach of the
covenant of good faith and fair dealing (Count II), Plaintiff’s claim for unjust enrichment
(Count V), and Plaintiff’s claim for injunctive relief under the UTPCPL (Count IV,
partial).
2. Defendant’s Motion to Dismiss is DENIED as to all of Plaintiff’s other claims.
3. Defendant’s Motion to Strike Plaintiff’s Class Allegations is DENIED.

/s/ Gerald Austin McHugh
United States District Judge