DOUGHERTY v. KWLT LLC et al

Filing 20

ORDER THAT THE 6 MOTION TO DISMISS IS GRANTED IN PART, AND DENIED IN PART AS FOLLOWS: 1. THE MOTION TO DISMISS IS GRANTED INSOFAR AS DEFENDANT KWLT, LLC SEEKS TO DISMISS THE FOLLOWING AVERMENTS FROM THE COMPLAINT: COUNT I (NEGLIGENCE) - 28(A), (I) , AND (J) AND COUNT IV (SURVIVAL) - 39(A), (I), AND (J). 2. IN ALL OTHER RESPECTS, THE MOTION TO DISMISS IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANT KWLT, LLC SHALL HAVE FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO FILE AN ANSWER TO PLAINTIFFS COMPLAINT. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/26/17. 9/27/17 ENTERED AND COPIES E-MAILED. (mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________________
:
HARRY DOUGHERTY, EXECUTOR OF THE
:
ESTATE OF GERALD DOUGHERTY, DECEASED,
:
:
Plaintiff
:
v.
:
CIVIL ACTION
:
NO. 17-0184
KWLT LLC, t/d/b/a PLATINUM PLUS,
:
:
Defendant
:
v.
:
:
ELITE EXECUTIVE PROTECTION, LLC,
:
:
Third Party Defendant
:
________________________________________________:
ORDER
AND NOW, this

26th

day of September, 2017, upon consideration of

Defendant, KWLT, LLC t/d/b/a Platinum Plus’s Motion to Dismiss Plaintiff’s Complaint
Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. No. 6), filed February 20, 2017;1 upon consideration of
Plaintiff’s Brief in Opposition to Defendant’s Motion to Dismiss Pursuant to Fed. R. Civ. P.
12(b)(6) (Dkt. No. 7) filed March 1, 2017; upon consideration of the Reply to Plaintiff’s
Opposition of Defendant, KWLT, LLC t/d/b/a Platinum Plus’s Motion to Dismiss Plaintiff’s
Complaint (Dkt. No. 8) filed March 8, 2017; and for the reasons expressed in the foregoing
Memorandum,
IT IS ORDERED that the motion to dismiss is GRANTED in part, and
DENIED in part as follows:

1
A Memorandum of Law in Support of Motion of Defendant, KWLT, LLC t/d/b/a Platinum Plus to
Dismiss Plaintiff’s Complaint was filed in conjunction with the motion to dismiss. See Dkt. No. 6-2.

1.

The motion to dismiss is GRANTED insofar as Defendant KWLT,
LLC seeks to dismiss the following averments from the Complaint:
Count I (Negligence) - ¶ 28(a), (i), and (j) and Count IV (Survival)
- ¶ 39(a), (i), and (j).

2.

In all other respects, the motion to dismiss is DENIED.

IT IS FURTHER ORDERED that Defendant KWLT, LLC shall have fourteen
(14) days from the date of this Order to file an answer to Plaintiff’s Complaint.

BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN,
United States Magistrate Judge

2