DOBSON v. THE MILTON HERSHEY SCHOOL AND SCHOOL TRUST et al

Filing 128

ORDER (Memorandum 127 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Motion 106 to file 2nd amended complaint GRANTED in part & DENIED in part as follows... (see Paras 1a-b for specifics); 2. Pltf shall file 2nd amend ed complaint w/in 14 days of date of this order... in absence of timely filed 2nd amended complaint action shall proceed on amended complaint in acc w/ accompanying memo; 3. With exception of intentional infliction of emotional distress (Ct IX), prev dismissed state law tort claims in amended complaint REINSTATED - Ct IX DISMISSED w/out prejudice for reasons in accompanying memo; 4. Cts 8/10/17 memo & order 50 51 VACATED; 5. Defts motion 92 for jdgmt on pleadings DISMISSED w/out prejudice as MOOT.; 6. Joint motion 126 to ext case mgmt ddls DISMISSED as moot.. Parties to meet & confer & file joint prop scheduling order amending current case mgmt ddls by 12/28/18 - parties to further advise ct whether todays rulings moots or modifies discovery dispute brought to cts attn on 12/5/18 125 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/07/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ADAM DOBSON,
Plaintiff
v.
THE MILTON HERSHEY
SCHOOL, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-1958
(Chief Judge Conner)

ORDER
AND NOW, this 7th day of December, 2018, upon consideration of the motion
(Doc. 106) for leave to file a second amended complaint by plaintiff Adam Dobson
(“Dobson”), and upon reconsideration of our August 10, 2017 memorandum and
order (Docs. 50, 51), and for the reasons stated in the accompanying memorandum,
it is hereby ORDERED that:
1.

The motion (Doc. 106) to file a second amended complaint is
GRANTED in part and DENIED in part as follows:
a.

b.
2.

Dobson is DENIED leave to add a claim under the UTPCPL and
to add a breach of contract claim as appears in the proposed
second amended complaint (Doc. 106-1).
Dobson is GRANTED leave to file a second amended complaint
consistent with the accompanying memorandum.

Dobson shall file the second amended complaint within fourteen (14)
days of the date of this order, consistent with the above paragraph and
the accompanying memorandum. In the absence of a timely filed
second amended complaint, the above-captioned action shall proceed
on the amended complaint in accordance with the accompanying
memorandum.

3.

With the exception of intentional infliction of emotional distress (Count
IX), the previously dismissed state law tort claims in Dobson’s
amended complaint are REINSTATED. Count IX is DISMISSED
without prejudice for the reasons provided in the accompanying
memorandum.

4.

The court’s August 10, 2017 memorandum and order (Docs. 50, 51) are
VACATED.

5.

Defendants’ motion (Doc. 92) for judgment on the pleadings is
DISMISSED without prejudice as moot.

6.

The parties’ joint motion (Doc. 126) to extend case management
deadlines is DISMISSED as moot. In light of the memorandum and
order of today’s date, the parties shall meet and confer and file a joint
proposed scheduling order amending the current case management
deadlines, (see Doc. 101), on or before Friday, December 28, 2018. The
parties shall further advise the court whether today’s ruling moots or
modifies the discovery dispute brought to the court’s attention on
December 5, 2018. (See Doc. 125).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania