Leone v. OLYMPUS CORPORATION OF THE AMERICAS et al
MEMORANDUM OPINION ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. WITHIN 30 DAYS FROM THE DATE OF THIS ORDER PLAINTIFFS MAY FILE AN AMENDED COMPLAINT TO PLEAD MORE SPECIFIC ALLEGATIONS OF THE RELIANCE LOSSES SUFFERED BY THESE PLAINTIFFS. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 9/15/22. 9/15/22 ENTERED AND COPIES E-MAILED.(amas)
Case 2:20-cv-03158-MSG Document 28 Filed 09/15/22 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KRISTEN LEONE, et al.,
OF THE AMERICAS, et al.,
Civil Action No. 20-cv-3158
AND NOW, this 15th day of September, 2022, upon consideration of Defendants’ “Motion
to Dismiss” (ECF No. 16), and Plaintiffs’ response thereto (ECF No. 20), it is hereby ORDERED
that Defendants’ Motion is GRANTED in part and DENIED in part as follows:
1. Defendants’ motion with respect to Plaintiffs’ claims under 29 U.S.C. § 1132(a)(2) and 29
U.S.C. § 1109, as well as Plaintiffs’ claims for equitable estoppel is GRANTED and those
claims are DISMISSED WITH PREJUDICE;
2. Defendants’ motion with respect to the six plaintiffs who adequately pled detrimental
reliance is DENIED;
3. Plaintiffs’ misrepresentation claims for the remaining thirty-three plaintiffs are
DISMISSED WITHOUT PREJUDICE. Within thirty (30) days from the date of this
Order, Plaintiffs may file an amended complaint to plead more specific allegations of the
reliance losses suffered by these plaintiffs.
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.
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