LOPEZ v. EDGE INFORMATION MANAGEMENT, INC.

Filing 27

ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 21 ) IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS MOTION IS GRANTED AS IT RELATES TO THE CLASS CLAIM CONTAINED IN COUNT I OF THE AMENDED COMPLAINT AND AS IT RELATES TO COUNT II OF THE AMENDED COMPL AINT IN ITS ENTIRETY. DEFENDANT'S MOTION IS DENIED AS IT RELATES TO THE PLAINTIFF'S INDIVIDUAL CLAIMS, AS ALLEGED IN COUNT I OF THE AMENDED COMPLAINT. PLAINTIFF IS GRANTED LEAVE TO AMEND THE FIRST AMENDED COMPLAINT WITHIN 14 DAYS OF THE FILING OF THIS ORDER. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/26/2018. 2/27/2018 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAVIER AZUL LOPEZ,
Plaintiff,
v.
EDGE INFORMATION MANAGEMENT
INC.,
Defendant.

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CIVIL ACTION
NO.: 17-179

ORDER
AND NOW, this 26th day of February, 2018, upon consideration of Plaintiff’s Amended
Complaint (ECF No. 18), Defendant’s Motion to Dismiss Count I and II of the Amended Complaint
or, in the Alternative, Dismiss Plaintiff’s Class Claims (ECF No. 21), Plaintiff’s Response in
Opposition (ECF No. 24), and Plaintiff’s Notice of Supplemental Authority (ECF NO. 25), it is hereby
ORDERED as follows:

1.

Defendant’s Motion (ECF No. 21) is GRANTED IN PART
AND DENIED IN PART. Defendant’s Motion is GRANTED
as it relates to the class claim contained in Count I of the
Amended Complaint, and as it relates to Count II of the Amended
Complaint in its entirety. Defendant’s Motion is DENIED as it
relates to Plaintiff’s individual claim, as alleged in Count I of the
Amended Complaint.

2.

Plaintiff is granted leave to amend the First Amended Complaint
within fourteen (14) days of the filing of this Order.

BY THE COURT:
/s/ C. Darnell Jones, II
C. Darnell Jones, II

J.