RISTER v. COMMUNITY BANK OF ROWAN

Filing 39

OPINION/ORDER THAT DEFENDANT'S MOTION TO DISMISS (NO. 7) IS GRANTED. DEFENDANT'S MOTION FOR A MORE DEFINITE STATEMENT (NO. 7) IS DENIED AS MOOT. DEENDANT'S MOTION TO STRIKE UNLIQUIDATED DAMAGES (NO. 7) IS DENIED AS MOOT. DEFENDANT&# 039;S MOTION TO TRANSFER, (NO. 8) IS DENIED. PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT (NO. 21) IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/21/15. 9/22/15 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED. (ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
TIMOTHY S. RISTER,

:
:
Plaintiff,
:
v.
:
:
COMMUNITY BANK OF ROWAN,
:
:
Defendant.
:
__________________________________________

No. 14-cv-5079

ORDER

AND NOW, this 21st day of September, 2015, upon consideration of Defendant
Community Bank of Rowan’s (now Yadkin Bank), Rule 12(b)(2)(5)(6) Motion to Dismiss,
Alternative Rule 12(e) Motion for More Definite Statement, and Rule 12(f) Motion to Strike
Unliquidated Damages Amounts, ECF No. 7, Defendant’s Motion to Transfer Venue, ECF No.
8, and Plaintiff’s Motion to Enforce Settlement Agreement, ECF No. 21, and for the reasons set
forth in the Memorandum Opinion issued this date, IT IS HEREBY ORDERED as follows:
1. Defendant’s Motion to Dismiss pursuant to Rule 12(b)(6), ECF No. 7, is GRANTED.
a. Counts One through Three and Counts Five through Seventeen of the Complaint
are DISMISSED WITH PREJUDICE.
b. Count Four of the Complaint is DISMISSED WITHOUT PREJUDICE.
Plaintiff is permitted LEAVE TO AMEND his Complaint solely with respect to
the claims raised in Count Four of the Complaint, in accordance with the
accompanying Opinion. If Plaintiff chooses to file an amended complaint, he

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must file the amended complaint within twenty-one days of the date of this
Order.
2. Defendant’s Motion for a More Definite Statement, ECF No. 7, is DENIED AS MOOT.
3. Defendant’s Motion to Strike Unliquidated Damages, ECF No. 7, is DENIED AS
MOOT.
4. Defendant’s Motion to Transfer, ECF No. 8, is DENIED.
5. Plaintiff’s Motion to Enforce Settlement Agreement, ECF No. 21, is DENIED.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge

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