ENSOR v. CLEARFIELD PROFESSIONAL GROUP, LTD., No. 3:2022cv00216 - Document 16 (W.D. Pa. 2023)

Court Description: OPINION - Defendant's Partial Motion to Dismiss (ECF No. 6 ) Ensor's Complaint will be GRANTED in part and DENIED in part. As to Count I Breach of Employment Contract, the Court finds that Ensor has only provided plausible claims as to ov ertime pay and vacation. Regarding all other claims of breach of the Employment Contract the Motion to Dismiss is granted. The Motion to Dismiss is also granted as to Counts III (breach of Loan Repayment Assistance Agreement), and IV (interference wi th ERISA benefits). The breach of contract claims (Counts I and III) are dismissed without prejudice, to replead the elements of the claims with supportive facts. The ERISA claim of interference of benefits (Count IV) is dismisses with prejudice. An appropriate Order will be entered, and as more fully stated in said Opinion. Signed by Judge Stephanie L. Haines on 8/25/2023. (dlg)