BERNSTEIN v. KEAVENEY LEGAL GROUP et al

Filing 21

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS PURSUANT TO FRCP 12(B)(6) IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: DEFENDANTS' MOTION TO DISMISS COUNT I IS DENIED AS TO DEFENDANT, KEAVENEY LEGAL GROUP, AND GRANTED AS TO TH E INDIVIDUAL DEFENDANTS; DEFENDANTS' MOTION TO DISMISS COUNT II IS DENIED WITH RESPECT TO THE ALLEGED MISREPRESENTATION RELATING TO DEFENDANTS' SUBMISSION OF AN APPLICATION FOR PLAINTIFF'S LOAN MODIFICATION, AND GRANTED IN ALL OTHER RE SPECTS; DEFENDANTS' MOTION TO DISMISS COUNT III IS GRANTED; DEFENDANTS' MOTION TO DISMISS COUNT IV IS DENIED; DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S DEMAND FOR PUNITIVE DAMAGES IS DENIED; DEFENDANTS' MOTION TO STRIKE PLAINT IFF'S DEMAND FOR ATTORNEY FEES UNDER COUNTS II AND IV IS GRANTED. THIS DECISION IS WITHOUT PREJUDICE TO PLAINTIFFS' RIGHT TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FA CTS AND THE APPLICABLE LAW SET FORTH IN THE ACCOMPANYING MEMORANDUM. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. DISCOVERY MAY PROCEED IN THE INTERIM. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/17/17. 5/18/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTINE BERNSTEIN,
Plaintiff,

CIVIL ACTION

v.
KEAVENEY LEGAL GROUP,
JAMES P. KEAVENEY, ESQUIRE, and
JOSHUA THOMAS, ESQUIRE,
Defendants.

NO. 16-5470

ORDER
AND NOW, this 17th day of May, 2017, upon consideration of Defendants, Keaveney
Legal Group, James P. Keaveney, Esquire, and Joshua Thomas Esquire’s Motion to Dismiss
Pursuant to Fed. R. Civ. P. 12(b)(6) (Doc. No. 14, filed February 21, 2017), Plaintiff’s
Memorandum of Law in Opposition to Defendants’ Motion to Dismiss Pursuant to Fed. R. Civ.
P. 12(b)(6) (Doc. No. 15, filed March 31, 2017), and Reply Brief of Defendants, Keaveney Legal
Group, et al.’s in Support of Defendants’ Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)
(Doc. No. 19, filed April 14, 2017), for the reasons set forth in the accompanying Memorandum
dated May 17, 2017, IT IS ORDERED that Defendants’ Motion is GRANTED IN PART and
DENIED IN PART, as follows:
1.

Defendants’ Motion to Dismiss Count I is DENIED as to defendant, Keaveney

Legal Group, and GRANTED as to the individual defendants;
2.

Defendants’ Motion to Dismiss Count II is DENIED with respect to the alleged

misrepresentation relating to defendants’ submission of an application for plaintiff’s loan
modification, and GRANTED in all other respects;
3.

Defendants’ Motion to Dismiss Count III is GRANTED;

4.

Defendants’ Motion to Dismiss Count IV is DENIED;

5.

Defendants’ Motion to Strike plaintiff’s demand for punitive damages is

DENIED;
6.

Defendants’ Motion to Strike plaintiff’s demand for attorney fees under Counts II

and IV is GRANTED.
This decision is WITHOUT PREJUDICE to plaintiffs’ right to file and serve a second
amended complaint within twenty (20) days of the entry of this Order if warranted by the facts
and the applicable law set forth in the accompanying Memorandum.
IT IS FURTHER ORDERED that a Preliminary Pretrial Conference will be scheduled
in due course. Discovery may proceed in the interim.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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