REPUBLIC SERVICES OF PENNSYLVANIA LLC v. CARIBBEAN OPERATORS LLC et al

Filing 40

MEMORANDUM ORDER THAT UFCC'S MOTION TO DISMISS (DOC. NO. 14 ) IS GRANTED. COUNT ONE IS DISMISSED WITHOUT PREJUDICE. JOHNSTON'S MOTION TO DISMISS (DOC. NO. 25 ) IS GRANTED AS OUTLINED HEREIN. COUNT TEN AGAINST EVANSTON IS DISMISSED WITHOUT PREJUDICE. THE REMAINING COUNTS (COUNTS 2-5) ARE STAYED. THE CLERK OF COURT SHALL PLACE THIS MATTER ON THE CIVIL SUSPENSE DOCKET. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/14/2018. 3/14/2018 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
REPUBLIC SERVICES OF
PENNSYLANIA, LLC,
CIVIL ACTION
NO. 17-03908

Plaintiff,
v.
CARIBBEAN OPERATORS, LLC, et al.,
Defendants.

ORDER
AND NOW, this 14th day of March, 2018, upon consideration of Defendant
UFCC’s motion to dismiss (ECF No. 14), Plaintiff’s response (ECF No. 20), Defendant
Johnston’s motion to dismiss (ECF No. 25), Plaintiff’s response (ECF No. 29) and
following oral argument (ECF No. 37), it is hereby ORDERED that:
1. UFCC’s motion to dismiss (ECF No. 14) is GRANTED. Count one is dismissed
without prejudice.
2. Johnston’s motion to dismiss (ECF No. 25) is GRANTED. Counts six, seven,
eight and nine are dismissed without prejudice. Republic may file an amended
complaint with respect to count eight within 14 days of the case’s removal from
civil suspense.
3. Count ten against Evanston is DISMISSED without prejudice.
4. The remaining counts (counts 2–5) are STAYED. The Clerk of Court shall place

1

this matter on the Civil Suspense Docket.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

2