FAGAN v. ELWYN, INC et al

Filing 17

ORDER THAT DEFENDANTS' MOTION (DOC. 8 ) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: DEFENDANTS' MOTION IS DENIED WITH RESPECT TO COUNT I. DEFENDANTS' MOTION IS GRANTED WITHOUT PREJUDICE WITH RESPECT TO COUNT II AND COUNT V. PLAINTIFF IS GRANTED LEAVE TO FILE AN EMDNED COMPLAINT WITHIN 14 DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/11/2017. 8/11/2017 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Anthony Fagan,
CIVIL ACTION
Plaintiff,
NO. 17-393
v.
Elwyn Inc. and Ben Dourte,
Defendant.

ORDER
AND NOW, this 11th day of August 2017, after review of Plaintiff’s Complaint (ECF
1), Defendants’ Partial Motion to Dismiss (ECF 8), Plaintiff’s Response (ECF 9), Defendants’
Reply (ECF 12), and for the reasons stated in the accompanying memorandum, it is hereby
ORDERED that Defendants’ Motion (ECF 8) is GRANTED IN PART AND DENIED IN
PART AS FOLLOWS:
•

Defendants’ Motion is DENIED with respect to Count I;

•

Defendants’ Motion is GRANTED WITHOUT PREJUDICE with respect to
Count II and Count V.

Plaintiff is granted leave to file an amended complaint within 14 days.
BY THE COURT:
/s/ Michael M. Baylson
MICHAEL M. BAYLSON, U.S.D.J.
O:\C IV IL 17\17-393 Fa gan v Elwyn \Order - M TD.d ocx