EXETER TOWNSHIP v. GARDECKI

Filing 8

ORDER THAT DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, ECF NO. 4, IS GRANTED. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITH RESPECT TO COUNTS I, II, AND V NO LATER THAN JANUARY 4, 2019. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/14/18. 12/18/18 ENTERED AND COPIES E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
EXETER TOWNSHIP,
Plaintiff,
v.
ERIC GARDECKI,
Defendant.

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No. 5:18-cv-01723

ORDER
AND NOW, this 14th, day of December, 2018, upon consideration of Plaintiff’s
Complaint, ECF No. 1; Defendant’s Motion to Dismiss for Failure to State a Claim, ECF No. 4;
and Plaintiff’s Response to Defendant’s Motion to Dismiss, ECF No. 5, and for the reasons set
forth in the accompanying Opinion, IT IS ORDERED that:
1.

Defendant’s Motion to Dismiss for Failure to State a Claim, ECF No. 4, is

GRANTED.
2.

Plaintiff is granted leave to file an Amended Complaint with respect to Counts I,

II, and V no later than January 4, 2019. 1

BY THE COURT:

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

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The Court does not grant leave to amend on Counts III and IV because, as a matter of
law, electronic files at issue in this case are not “chattels” under Pennsylvania law, and
amendment would be futile.
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