LUTZ v. RAKUTEN, INC. et al

Filing 52

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS 42 IS DENIED IN PART AND GRANTED IN PART. DEFENDANTS' MOTION TO DISMISS IS GRANTED AS TO DEFENDANT, RAKUTEN, INC., ONLY. THEREFORE, RAKUTEN, INC. IS DISMISSED FROM THE INSTANT ACTION . DEFENDANTS' MOTION TO DISMISS IS DENIED AS TO DEFENDANT, RAKUTEN BASEBALL, INC. RAKUTEN BASEBALL, INC. MUST FILE AN ANSWER TO PLAINTIFF'S COMPLAINT ON OR BEFORE 5/6/19. SIGNED BY HONORABLE CHAD F. KENNEY ON 4/22/19. 4/23/19 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ZACHARY LUTZ,
Plaintiff,

CIVIL ACTION

v.
RAKUTEN, INC., et al.,
Defendants.

No. 17-3895

ORDER
AND NOW, this 22"d day of April 2019, upon consideration of Defendants' Motion to
Dismiss (ECF No. 42), Plaintiffs Response thereto (ECF No. 44), Defendants' Reply (ECF No.
45), and Plaintiffs Sur-Response (ECF No. 48), and in conjunction with the Court's
accompanying Opinion, it is hereby ORDERED as follows:
1. Defendants' Motion to Dismiss (ECF No. 42) is DENIED IN PART and GRANTED
IN PART;
2. Defendants' Motion to Dismiss is GRANTED as to Defendant, Rakuten, Inc., only.
Therefore, Rakuten, Inc. is DISMISSED from the instant action;
3. Defendants' Motion to Dismiss is DENIED as to Defendant, Rakuten Baseball, Inc.
4. Rakuten Baseball, Inc. must file an answer to Plaintiffs Complaint on or before May 6,
2019.
BY THE COURT: