ASSOCIATED BUILDERS AND CONTRACTORS, EASTERN PENNSYLVANIA CHAPTER, INC. et al v. COUNTY OF NORTHAMPTON

Filing 47

ORDER THAT THE MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND TO STRIKE SCANDALOUS ALLEGATIONS (DOC. NO. 37) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE MOTION TO DISMISS THE AMENDED COMPLAINT FOR THE FAILURE TO STATE A CLAIM IS GRANTED INSOFAR AS THE DEFENDANT MOVED TO DISMISS COUNTS I, II, AND IV OF THE AMENDED COMPLAINT, AND THOSE CAUSES OF ACTION ARE DISMISSED WITH PREJUDICE, ETC. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/25/19. 4/25/19 ENTERED AND COPIES E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ASSOCIATED BUILDERS AND
CONTRACTORS, EASTERN
PENNSYLVANIA CHAPTER, INC., THE
ALFERO COMPANY, INC., R.L.
REPPERT, INC., and NICK ALFERO,
Plaintiffs,
v.
COUNTY OF NORTHAMPTON,
Defendant.

:
:
:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 18-2552

ORDER
AND NOW, this 25th day of April, 2019, after considering the plaintiffs’ amended
complaint (Doc. No. 31), the defendant’s motion to dismiss the amended complaint for failure to
state a claim and to strike scandalous allegations (Doc. No. 37), the plaintiffs’ response in
opposition (Doc. No. 42), the defendant’s reply in further support of the motion (Doc. No. 43),
the plaintiffs’ supplemental response in opposition (Doc. No. 45), and the parties’ arguments
raised before the court during oral argument on the motion to dismiss on April 3, 2019; and for
the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as
follows:
1.

The motion to dismiss the amended complaint for failure to state a claim and to

strike scandalous allegations (Doc. No. 37) is GRANTED IN PART and DENIED IN PART as
follows:
a.

The motion to dismiss the amended complaint for the failure to state a

claim is GRANTED insofar as the defendant moved to dismiss Counts I, II, and IV of

the amended complaint, and those causes of action are DISMISSED WITH
PREJUDICE;
b.

The motion to dismiss Count III of the amended complaint is DENIED

AS MOOT; and
c.

The motion to strike scandalous allegations is DENIED;

2.

Count III of the amended complaint is DISMISSED WITHOUT PREJUDICE;

3.

The clerk of court is DIRECTED to mark this case as CLOSED.

and

BY THE COURT:

_/s/ Edward G. Smith___
EDWARD G. SMITH, J.

2