MCCAFFREY v. WINDSOR AT WINDERMERE LIMITED PARTNERSHIP et al

Filing 53

MEMORANDUM AND ORDER THAT WWLP'S MOTION TO RENEW ITS PREVIOUSLY FILED REPLY, DKT. NO. 45, IS GRANTED; THE RENEWED MOTION TO DISMISS BY WWLP AND WWIC, DKT. NO. 35, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED TO THE EXT ENT THAT IT SEEKS TO DISMISS PLAINTIFF'S CLAIMS AGAINST WWIC. PLAINTIFF'S CLAIMS AGAINST WWIC ARE DISMISSED WITHOUT PREJUDICE; AND THE MOTION IS DENIED TO THE EXTENT THAT IT SEEKS TO DISMISS PLAINTIFF'S CLAIMS AGAINST WWLP. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/15/17. 11/15/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEPFANIE MCCAFFREY
v.
WINDSOR AT WINDERMERE
LIMITED PARTNERSHIP, et al.

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CIVIL ACTION
NO. 17-460

ORDER
AND NOW, this 15th

day of November, 2017, upon consideration of the renewed

motion to dismiss plaintiff Stepfanie McCaffrey’s second amended complaint for lack of
jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure by defendants
Windsor at Windermere Limited Partnership (WWLP) and Windsor at Windermere Investors
Corporation (WWIC), Dkt. No. 35, plaintiff’s original opposition and brief in opposition, Dkt.
Nos. 17 and 19, plaintiff’s renewed answer to WWLP and WWIC’s motion to dismiss, Dkt. No.
42, defendant WWLP’s reply, Dkt. No. 21 and WWLP’s motion to renew its previously filed
reply Dkt. No. 45, and consistent with the accompanying memorandum of law, it is ORDERED
that:
1.

WWLP’s motion to renew its previously filed reply, Dkt. No. 45, is GRANTED;

2.

the renewed motion to dismiss by WWLP and WWIC, Dkt. No. 35, is
GRANTED IN PART and DENIED IN PART as follows:
a.

the motion is GRANTED to the extent that it seeks to dismiss plaintiff’s
claims against WWIC. Plaintiff’s claims against WWIC are DISMISSED
without prejudice; and

b.

the motion is DENIED to the extent that it seeks to dismiss plaintiff’s
claims against WWLP.

/s/ Gerald Austin McHugh
United States District Judge