Carson v. Tucker et al, No. 5:2020cv00399 - Document 20 (E.D. Pa. 2020)

Court Description: ORDER OF 4/23/20 THAT UPON CONSIDERATION OF DEFENDANT'S MOTION FOR A MORE DEFINITIVE STATEMENT, PARTIAL MOTION TO DISMISS, IT IS ORDERED THAT DEFENDANTS' MOTION, ECF NO. 13 IS GRANTED IN PART AND DENIED IN PART. a. DEFENDANT'S MOTION FOR A MORE DEFINITIVE STATEMENT IS GRANTED AS TO SUBPARAGRAPHS aa, bb, cc, dd, pp, and qq OF PARAGRAPH 24; SUBPARAGRAPHS aa, bb, cc, dd, pp, and qq OF PARAGRAPH 32; AND SUBPARAGRAPHS t AND x OF PARAGRAPH 33. THE MOTION IS DENIED AS TO THE REMAINING S UBPARAGRAPHS DEFENDANTS SOUGHT FOR PLAINTIFF TO DEFINE MORE CLEARLY. b. DEFENDANTS' PARTIAL MOTION TO DISMISS IS GRANTED. COUNTS TWO AND FOUR ARE DISMISSED WITHOUT PREJUDICE. c. DEFENDANTS' MOTION TO STRIKE IS GRANTED. PLAINTIFF SHALL HAVE UNTIL MAY 26, 2020, TO AMEND HIS COMPLAINT IN ACCORDANCE WITH THIS ORDER AND OPINION. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 4/23/20. 4/23/20 ENTERED AND COPIES E-MAILED.(dt, ) (Main Document 20 replaced on 4/23/2020) (dt, ). Modified on 4/23/2020 (dt, ).

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Carson v. Tucker et al Doc. 20 Case 5:20-cv-00399-JFL Document 20 Filed 04/23/20 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ JERMAINE CARSON, Plaintiff, : : : v. : : TIMOTHY TUCKER, and WESTERN : EXPRESS, INC., : Defendants. : ____________________________________ No. 5:20-cv-00399 ORDER AND NOW, this 23rd day of April, 2020, upon consideration of Defendants’ motion for a more definitive statement, partial motion to dismiss, and motion to strike, ECF No. 13, IT IS HEREBY ORDERED THAT: 1. Defendants’ motion, ECF No. 13, is GRANTED in part and DENIED in part as follows: a. Defendants’ motion for a more definitive statement is GRANTED as to subparagraphs aa, bb, cc, dd, pp, and qq of paragraph 24; subparagraphs aa, bb, cc, dd, pp, and qq of paragraph 32; and subparagraphs t and x of paragraph 33. The motion is DENIED as to the remaining subparagraphs Defendants sought for Plaintiff to define more clearly. b. Defendants’ partial motion to dismiss is GRANTED. Counts Two and Four are DISMISSED without prejudice. c. Defendants’ motion to strike is GRANTED. 2. Plaintiff shall have until May 26, 2020, to amend his complaint in accordance with this Order and Opinion. 1 042320 Dockets.Justia.com Case 5:20-cv-00399-JFL Document 20 Filed 04/23/20 Page 2 of 2 3. If Plaintiff fails to file an amended complaint, the case will proceed on Counts One and Three, only, of the Complaint, and subparagraphs aa, bb, cc, dd, pp, and qq of paragraph 24; subparagraphs aa, bb, cc, dd, pp, and qq of paragraph 32; and subparagraphs t and x of paragraph 33 will be stricken from the Complaint. BY THE COURT: /s/ Joseph F. Leeson, Jr._______ JOSEPH F. LEESON, JR. United States District Judge 2 042320

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