MAZZA et al v. THE BANK OF NEW YORK MELLON CORPORATION et al

Filing 32

MEMORANDUM AND ORDER THAT PLAINTIFF SOPHIA MAZZA IS DISMISSED FROM CASE. DEFENDANTS MOTION TO DISMISS (DOC. 13) IS GRANTED. COUNTS III, VI, IX, XV, XVI AND XVII ARE DISMISSED WITH PREJUDICE. COUNTS I, II, IV, V, VII, X, XIII AND XIV ARE DISMISSED WITHOUT PREJUDICE, ETC. AMENDED COMPLAINT DUE BY 3/8/21. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/16/21. 2/16/21 ENTERED AND COPIES NOT MAILED TO PRO SES AND E-MAILED.(rf, )

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Case 2:20-cv-03253-ER Document 32 Filed 02/16/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Mazza, et al., v. Plaintiffs The Bank of New York Mellon, et al., Defendants : : : : : : : : : CIVIL ACTION NO. 20-3253 ORDER AND NOW, this 16th day of February, 2021, after considering Defendants’ Motion to Dismiss (ECF No. 13) and Plaintiffs’ response (ECF No. 26) during a hearing on the record on February 8, 2021, and for the reasons stated in the accompanying memorandum, it is hereby ORDERED as follows: 1. Plaintiff Sophia Mazza is DISMISSED from the case. The Clerk of Court shall terminate said Plaintiff on ECF. 2. Defendants’ Motion to Dismiss (ECF No. 13) is GRANTED. Counts III, VI, VIII, IX, XI, XV, XVI, and XVII are dismissed WITH PREJUDICE. 3. Counts I, II, IV, V, VII, X, XII, XIII, and XIV are dismissed WITHOUT PREJUDICE to the extent stated in the accompanying memorandum. Plaintiffs shall file an amended complaint by March 8, 2021. 1 If Plaintiffs elect to file an amended complaint that includes a claim under RICO, Plaintiffs shall file a RICO case In the event that Plaintiffs fail to file an amended complaint by March 8, this order will become a final order. 1 Case 2:20-cv-03253-ER Document 32 Filed 02/16/21 Page 2 of 2 statement by March 8th as well. The RICO case statement shall comply with the separate order also filed on this date. 4. In accordance with the instant order and the memorandum of the same date, the five named Defendants and the ten John Does are dismissed. AND IT IS SO ORDERED. __________________________ EDUARDO C. ROBRENO, J. 2

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