WARTLUFT et al v. THE MILTON HERSHEY SCHOOL AND SCHOOL TRUST et al
Filing
217
ORDER (Memorandum 216 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Pltfs prev dismissed tort claims REINSTATED as follows... (see Paras 1a-b for specifics); 2. If pltfs choose to amend they shall file 2nd amended compl aint 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. Cts 8/10/17 memo & order 62 63 VACATED; 4. Defts motion for jdgmt on pleadings 119 & MSJ 158 DISMISSED w/out prejudice to rt to reinstitute & supp said motions @ request of parties; 5. Joint motion 215 in supp of stip to ext case mgmt ddls DISMISSED as moot... parties to meet & confer & file joint prop scheduling order amending current case mgmt ddls 171 by 12/28/18. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/7/18. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JULIE ELLEN WARTLUFT, et al.,
Plaintiffs
v.
THE MILTON HERSHEY SCHOOL,
et al.,
Defendants
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CIVIL ACTION NO. 1:16-CV-2145
(Chief Judge Conner)
ORDER
AND NOW, this 7th day of December, 2018, upon reconsideration of our
August 10, 2017 memorandum and order (Docs. 62, 63), and for the reasons stated in
the accompanying memorandum, it is hereby ORDERED that:
1.
Plaintiffs’ previously dismissed tort claims are REINSTATED as
follows:
a.
b.
2.
Plaintiffs’ negligence (Count III), intentional infliction of
emotional distress as to Abrielle (Count IX), negligent infliction
of emotional distress (Count X), civil conspiracy to endanger
children (Count XI), and breach of fiduciary duties of care and
good faith (Count XII) in the amended complaint are
REINSTATED.
Plaintiffs’ negligent misrepresentation (Count VII), intentional
misrepresentation (Count VIII), and intentional infliction of
emotional distress as to plaintiffs (Count IX) are DISMISSED
without prejudice pursuant to Federal Rule of Civil Procedure
12(b)(6).
If Plaintiffs choose to amend, they shall file a 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.
The court’s August 10, 2017 memorandum and order (Docs. 62, 63) are
VACATED.
4.
Defendants’ motion (Doc. 119) for judgment on the pleadings and
motion (Doc. 158) for summary judgment are DISMISSED without
prejudice to the right to reinstitute and supplement said motions at the
request of the parties.
5.
The parties’ joint motion (Doc. 215) in support of their stipulation 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. 171), on or before Friday,
December 28, 2018.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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