SCHMIDT LODUCA et al v. WELLPET LLC et al

Filing 45

ORDER THAT MOTION OF DEFT WELLPET LLC TO DISMISS PLFFS' COMPLAINT (DOC. NO. 23) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: DEFT'S MOTION TO DISMISS COUNTS III, IV & VI IS DENIED, ETC. DEFT'S MOTION TO DISMISS COUNT II IS GRANTED & COUNT II IS DISMISSED WITH PREJUDICE. DEFT'S MOTION TO DISMISS COUNT V IS GRANTED WITH LEAVE TO PLFFS TO FILE AN AMENDED COMPLAINT WITHIN 21 DAYS OF THE ENTRY DATE OF THIS ORDER. SIGNED BY HONORABLE J. CURTIS JOYNER ON 7/13/21. 7/14/21 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RITA SCHMIDT LODUCA,
DONNA FREEMAN, and
LYNN WESLEY, Individually
On behalf of all others
Similarly situated,
Plaintiffs
vs.
WELLPET LLC, et. al.,
Defendants

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CIVIL ACTION
NO. 21-CV-0954

O R D E R
AND NOW, this

13th

day of July, 2021, upon

consideration of the Motion of Defendant WellPet LLC to Dismiss
Plaintiffs’ Complaint (Doc. No. 23), Plaintiffs’ Response in
Opposition thereto and Defendant’s Response in Support, it is
hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN
PART as follows:
1.

Defendant’s Motion to Dismiss Counts III, IV and VI is

DENIED.
2.

Defendant’s Motion to Dismiss Count I is DENIED, except

with regard to Plaintiffs’ Unfair Trade Practices and Consumer
Protection Law claim under 73 P.S. § 201-4(ii), which is
DISMISSED with prejudice.
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3.

Defendant’s Motion to Dismiss Count II is GRANTED and

Count II is DISMISSED with prejudice.
4.

Defendant’s Motion to Dismiss Count V is GRANTED with

leave to Plaintiffs’ to file an Amended Complaint within twentyone (21) days of the entry date of this Order.
BY THE COURT:

s/ J. Curtis Joyner
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J. CURTIS JOYNER,
J.

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