SHELTON v. TARGET ADVANCE LLC

Filing 27

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS 21 IS GRANTED, IN PART, AS FOLLOWS: THE MOTION IS GRANTED WITH RESPECT TO COUNTS III AND IV, AND COUNTS III AND IV ARE DISMISSED FOR A LACK OF STANDING; AND THE MOTION IS DENIED IN ALL OTHER RESPECTS. DEFENDANT SHALL FILE AN ANSWER TO THE AMENDED COMPLAINT WITHIN FOURTEEN (14) DAYS OF THIS ORDER. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 4/16/19. 4/16/19 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES EVERETT SHELTON
Plaintiff
v.
TARGET ADVANCE LLC
Defendant

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CIVIL ACTION
NO. 18-2070

ORDER
AND NOW, this 16th day of April 2019, upon consideration of Defendant’s motion to
dismiss, [ECF 21], Plaintiff’s response in opposition, [ECF 22], this Court’s Order converting
Defendant’s motion into a motion for summary judgment and allowing supplemental briefing,
[ECF 23], Defendant’s supplemental brief, [ECF 24], and Plaintiff’s supplemental brief, [ECF
25], it is hereby ORDERED that, for the reasons set forth in the accompanying Memorandum
Opinion, Defendant’s motion is GRANTED, in part, as follows:
(1) the motion is GRANTED with respect to Counts III and IV, and Counts III and
IV are dismissed for a lack of standing; and
(2) the motion is DENIED in all other respects.
Defendant shall file an answer to the amended complaint within fourteen (14) days of this
Order.

BY THE COURT:

/s/ Nitza I. Quiñones Alejandro
NITZA I. QUIÑONES ALEJANDRO
Judge, United States District Court