Gillespie et al v. Dring et al

Filing 47

MEMORANDUM (Order to follow as separate docket entry) re 32 MOTION of Plaintiffs to Require Defendants to Make an Election of Remedies filed by Marjorie M. Gillespie. Signed by Honorable A. Richard Caputo on 11/8/16. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARJORIE GILLESPIE, et al.,
CIVIL ACTION NO. 3:15-CV-00950

Plaintiffs,

(JUDGE CAPUTO)

v.
LORI DRING and NANCY ASARO,
Defendants.

MEMORANDUM
Presently before the Court is Plaintiffs’ Motion to Require Defendants to Make an
Election of Remedies.1 (Doc. 32.) Plaintiffs request that the Court issue an order requiring
Defendants to “identify whether they will be seeking to rescind the Settlement Agreement
or to enforce the Settlement Agreement and seek damages.” (Id. ¶ 17.) Assuming an
election of remedies is even required, Defendants are not required to make an election at
this time. Plaintiffs’ Motion will be DENIED.
The Court’s opinion is detailed in its Memorandum issued in the companion case,
Dring v. Ariel Land Owners, Inc., 3:15-cv-00478 (M.D. Pa.).

An appropriate order follows.
November 8, 2016
Date

1

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

A companion suit filed by Lori Dring and Nancy Asaro against Ariel Land
Owners, Inc. (“ALO”) is proceeding concurrently. Gillespie v. Dring, No. 3:15cv-00478 (M.D. Pa.). In that case, Defendant ALO has also filed a Motion seeking
to require Dring and Asaro to make an election of remedies. (Companion Case,
Doc. 17.) The Court’s opinion is detailed in the Memorandum accompanying that
Order.