MBR CONSTRUCTION SERVICES, INC. v. CITY OF READING et al

Filing 40

OPINION/ORDER THAT DEFENDANT CITY OF READING'S MOTION TO DISMISS THE COMPLAINT IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL OCTOBER 29, 2012 TO FILE AN AMENDED COMPLAINT AMENDING COUNTS II AND V O F THE VERIFIED COMPLAINT. IT IS FURTHER ORDERED THAT IN THE EVENT PLAINTIFF DOES NOT FILE AN AMENDED COMPLAINT ON OR BEFORE 10/29/12, DEFENDANT CITY OF READING SHALL HAVE UNTIL NOVEMBER 19, 2012 TO FILE AN ANSWER TO COUNT III OF THE VERIFIED COMPLAINT. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/28/12. 9/28/12 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MBR CONSTRUCTION SERVICES, INC., )
)
Plaintiff
)
)
vs.
)
)
)
CITY OF READING;
)
HIRNEISEN ELECTRIC, INC.,
)
INDEPENDENCE LIGHTING, INC.,
)
)
Defendants
)

Civil Action
No. 11-cv-07218

O R D E R
NOW, this 28th day of September, 2012, upon
consideration of the following documents:
(1)

Defendant City of Reading’s Motion to Dismiss
the Complaint, which motion was filed
December 19, 2011 (Document 20), together
with
(A)

(B)
(2)

Defendant City of Reading’s Brief in
Support of Its Motion to Dismiss the
Complaint (Document 20-2); and
Exhibits “A” through “G” to Defendant
City of Reading’s brief (Document 20-3);

Response to Motion to Dismiss, which response
was filed by plaintiff on January 16, 2012
(Document 32), together with
(A)

Plaintiff’s Memorandum in Support of
Their Response to Defendant’s Motion to
Dismiss (Document 32-1);

(3)

Plaintiff’s Amended Memorandum in Support of
Their Response to Defendant’s Motion to
Dismiss, which memorandum was filed
January 26, 2012 (Document 34)1; and

(4)

Verified Complaint filed November 18, 2011
(Document 1), together with
(A)

Exhibits “A” through “J” to the Verified
Complaint;

and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that Defendant City of Reading’s Motion
to Dismiss the Complaint is granted in part and denied in part.
IT IS FURTHER ORDERED that defendant City of Reading’s
motion to dismiss Count I of the Verified Complaint is granted as
unopposed.
IT IS FURTHER ORDERED that Count I of plaintiff’s
Verified Complaint is dismissed with prejudice.
IT IS FURTHER ORDERED that defendant City of Reading’s
motion to dismiss Count II of the Verified Complaint is granted
to the extent it seeks dismissal of Count II without prejudice.
IT IS FURTHER ORDERED that Count II of plaintiff’s
Verified Complaint is dismissed without prejudice for plaintiff
to file an amended complaint amending Count II of the Verified
Complaint in accordance with the accompanying Opinion.

1
By Order dated January 25, 2012 and filed January 26, 2012
(Document 33) I approved a Stipulation to Amend Memorandum, which permitted
plaintiff to file an amended memorandum in opposition to defendant’s motion to
dismiss.

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IT IS FURTHER ORDERED that defendant City of Reading’s
motion to dismiss Count III of the Verified Complaint is denied.
IT IS FURTHER ORDERED that defendant City of Reading’s
motion to dismiss Count IV of the Verified Complaint is granted.
IT IS FURTHER ORDERED that Count IV of plaintiff’s
Verified Complaint is dismissed with prejudice.
IT IS FURTHER ORDERED that defendant City of Reading’s
motion to dismiss Count V of the Verified Complaint is granted to
the extent it seeks dismissal of Count V without prejudice.
IT IS FURTHER ORDERED that Count V of plaintiff’s
Verified Complaint is dismissed without prejudice for plaintiff
to file an amended complaint amending Count V of the Verified
Complaint in accordance with the accompanying Opinion.
IT IS FURTHER ORDERED that plaintiff shall have until
October 29, 2012 to file an amended complaint amending Counts II
and V of the Verified Complaint.
IT IS FURTHER ORDERED that in the event plaintiff does
not file an amended complaint on or before October 29, 2012,
defendant City of Reading shall have until November 19, 2012 to
file an answer to Count III of the Verified Complaint.
BY THE COURT:

/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

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