MALETTO et al v. CAPITAL ONE FINANCE CORP. et al, No. 1:2018cv00309 - Document 29 (W.D. Pa. 2019)

Court Description: MEMORANDUM OPINION & ORDER: AND NOW, this 30th day of September, 2019, upon consideration of the Defendants' Motion to Dismiss the First Amended Complaint 19 and all arguments and submissions related thereto, IT IS ORDERED that the Motion shal l be, and hereby is, GRANTED in part and DENIED in part. See Opinion and Order for further details. IT IS FURTHER ORDERED that the Plaintiffs may file an amended pleading, consistent with the Court's ruling herein, on or before 11/1/19. In the e ven that the Plaintiffs fail to file an amended pleading by 11/1/19, the Court's dismissal of the remaining federal claims in Counts II and III will be converted to a dismissal with prejudice without further notice. Signed by Judge Susan Paradise Baxter on 09/30/19. (esa)