CHAN v. BARBOUR, INC.

Filing 16

ORDER THAT THE MOTION TO PARTIALLY DISMISS AND TO STRIKE IS DISMISSED AS MOOT. THE MOTION TO PARTIALLY DISMISS AND TO STRIKE IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT BY 7/26/17; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/12/17. 7/12/17 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
___________________________________
FRANCES CHAN,
:
Plaintiff,
:
:
v.
:
CIVIL ACTION NO. 16-5688
:
BARBOUR, INC.,
:
Defendant.
:
___________________________________ :
ORDER
AND NOW, this 12th day of July 2017, upon consideration of Defendant Barbour, Inc.’s
Motion to Partially Dismiss and to Strike All References to and Attempted Claims for Failure to
Promote, and the response and reply thereto, and for the reasons stated in the accompanying
Opinion, it is hereby ORDERED as follows:
1. The Motion to Partially Dismiss and to Strike [Doc. No. 5], filed in response to the
Complaint, is DISMISSED AS MOOT.
2. The Motion to Partially Dismiss and to Strike [Doc. No. 7], filed in response to the
Amended Complaint, is GRANTED IN PART AND DENIED IN PART as outlined in
the accompanying Memorandum, pursuant to which Plaintiff may file a second amended
complaint no later than July 26, 2017.
3. If Plaintiff does not file a second amended complaint by July 26, 2017, Defendant shall
file an Answer to the Amended Complaint no later than August 16, 2017.
IT IS SO ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.