SMITH v. IDEAL CONCEPTS, INC., No. 5:2023cv02166 - Document 17 (E.D. Pa. 2023)
Court Description: ORDER FOR THE REASONS SET FORTH IN THE OPINION ISSUED THIS DATE, IT IS ORDERED THAT: THE MOTION TO DISMISS, SEE ECF NO. 9 IS GRANTED IN PART AND DENIED IN PART. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 11/27/23. 11/27/23 ENTERED AND COPIES E-MAILED.(DT)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA _____________________________________ MICHAEL SMITH, : Plaintiff, : : v. : : IDEAL CONCEPTS, INC., : Defendant. : _____________________________________ No. 5:23-cv-2166 ORDER AND NOW, this 27th day of November, 2023, for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT: 1. The Motion to Dismiss, see ECF No. 9, is GRANTED in part and DENIED in part as follows: 2. A. Count I is DISMISSED without prejudice; B. The motion to dismiss Counts II and III is DENIED. Within twenty (20) days of the date of this Order, Plaintiff may file an amended complaint as to any claims dismissed without prejudice. 3. If Plaintiff fails to timely file an amended complaint, Count I will be dismissed with prejudice and the matter will proceed on Counts II and III only. BY THE COURT: /s/ Joseph F. Leeson, Jr. JOSEPH F. LEESON, JR. United States District Judge 1 112223
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