PEREZ et al v. BARDO et al

Filing 11

ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOCUMENT NO. 8) IS GRANTED IN PART AND DENIED. DEFENDANTS' MOTION IS GRANTED AS TO PLAINTIFFS' ALLEGATIONS OF RECKLESSNESS AGAINST DEFENDANTS DURGIN, O'CONNORS EXPRESS, INC., AND SOUTHERN TIER CUSTOM FABRICATORS. THESE CLAIMS ARE DISMISSED WITHOUT PREJUDICE. DEFENDANTS' MOTION IS OTHERWISE DENIED. PLAINTIFFS SHALL FILE AN AMENDED COMPLAINT BY 4/4/2011.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/17/2011. 3/17/2011 ENTERED AND COPIES E-MAILED.(jmf, )

PEREZ et al v. BARDO et al

Doc. 11

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WILLIAM C. PEREZ and FONDA PEREZ, Plaintiffs, v. GEORGE BARDO, et al., Defendants. : : : : : : : : ORDER AND NOW, this 17th day of March, 2011, upon consideration of Defendants' Motion to Dismiss, Plaintiffs' Response thereto, and for the reasons stated in this Court's Memorandum dated March 17, 2011, it is hereby ORDERED that: 1. Defendants' Motion to Dismiss (Document No. 8) is GRANTED in part and DENIED in part, as follows: a. Defendants' Motion is GRANTED as to Plaintiffs' allegations of recklessness against Defendants Durgin, O'Connors Express, Inc., and Southern Tier Custom Fabricators. These claims are DISMISSED without prejudice. b. 2. Defendants' Motion is otherwise DENIED.

CIVIL ACTION

No. 11-376

Plaintiffs shall file an Amended Complaint by April 4, 2011.

BY THE COURT:

Berle M. Schiller, J.

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