CRUZ v. WALMART SUPER CENTER

Filing 11

OPINION/ORDER THAT WAL-MART'S MOTION TO DISMISS, ECF NO. 8, IS GRANTED. THIS COMPLAINT IS DISMISSED. ON OR BEFORE 9/29/17, CRUZ SHALL FILE AN AMENDED COMPLAINT. THE CLERK OF COURT IS DIRECTED TO MAIL A WAIVER OF THE SERVICE OF SUMMONS FORM TO WAL-MART'S COUNSEL AT THE ADDRESS PROVIDED IN THE DOCKET. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/29/17. 8/30/17 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED.(ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
RICARDO CRUZ,

:
Plaintiff,
:
:
v.
:
:
WALMART SUPER CENTER,
:
Defendant.
:
__________________________________________

No. 5:16-cv-03665

ORDER
AND NOW, this 29th day of August, 2017, for the reasons set forth in the accompanying
Opinion issued this day, it is ORDERED as follows:
1.

Wal-Mart’s Motion to Dismiss, ECF No. 8, is GRANTED as follows:
(a)

Wal-Mart’s Motion to Dismiss Cruz’s claims under Title II of the Civil
Rights Act of 1964 is GRANTED without prejudice.

(b)

Wal-Mart’s Motion to Dismiss Cruz’s constitutional claims pursuant to 42
U.S.C. § 1983 is GRANTED with prejudice.

(c)

Wal-Mart’s Motion to Dismiss Cruz’s claim under the Americans with
Disabilities Act is GRANTED without prejudice.

(d)

Wal-Mart’s Motion to Dismiss Cruz’s claims under the Pennsylvania Unfair
Trade Practices and Consumer Protection Law is GRANTED with
prejudice.

(e)

The complaint is DISMISSED.

2.

On or before September 29, 2017, Cruz SHALL file an amended complaint, solely
for the purpose of addressing the deficiencies identified in the accompanying
Opinion with his claims under the Civil Rights Act of 1964 and the Americans with
Disabilities Act. Cruz is advised that if he fails to timely file an amended complaint,
this case may be dismissed without further notice.

3.

The Clerk of Court is directed to mail a waiver of the service of summons form to
Wal-Mart’s counsel at the address provided in the docket.
BY THE COURT:

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