TELFORD BOROUGH AUTHORITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al, No. 2:2012cv06548 - Document 229 (E.D. Pa. 2023)

Court Description: MEMORANDUM OPINION ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS MOTION IS DENIED AS TO COUNT FIVE; DEFENDANTS MOTION IS GRANTED AS TO COUNTS SIX, SEVEN, EIGHT AND NINE AND THOSE CLAIMS ARE DISMISSED WITH P REJUDICE; DEFENDANTS MOTION IS GRANTED AS TO COUNT THIRTEEN AND THAT CLAIM IS DISMISSED WITHOUT PREJUDICE. WITHIN THIRTY (30) DAYS OF THE DATE THIS ORDER, PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT TO CURE, IF IT CAN DO SO IN GOOD FAITH, THE DEFICIENCIES OUTLINED IN THE ACCOMPANYING MEMORANDUM OPINION AS TO COUNT THIRTEEN.SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/27/23. 4/28/23 ENTERED AND COPIES MAILED TO COUNSEL; E-MAILED.(amas)