Case Information
*1 Case 2:19-cv-03210-JD Document 18 Filed 06/16/20 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL D. MOSS, CIVIL ACTION Plaintiff, v. SAL LAPIO, INC., doing business as “SAL NO. 19-3210 LAPIO HOMES,” and SCHLOUCH, INC.,
Defendants. O R D E R
AND NOW , this 15th day of June, 2020, upon consideration of Motion of Defendant Schlouch Incorporated to Dismiss Plaintiff’s Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Document No. 12, filed November 15, 2019), Defendant Sal Lapio, Inc. d/b/a Sal Lapio Homes’ Motion to Dismiss Plaintiff’s Complaint Under Federal Rules of Civil Procedure 12(b)(1) and (6) (Document No. 13, filed November 15, 2019), and Plaintiff’s Joint Response to Motions to Dismiss by Defendants Schlouch, Inc. (Document No. 12) and Sal Lapio Inc. (Document No 13) (Document No. 14, filed November 29, 2019), for the reasons stated in the Memorandum dated June 15, 2020, IT IS ORDERED that defendants’ motions to dismiss are DENIED as follows:
1. Those parts of defendants’ motions seeking dismissal of plaintiff’s claims for lack of subject matter jurisdiction are DENIED WITHOUT PREJUDICE to defendants’ right to raise that issue after completion of discovery by motion for summary judgment and/or at trial if warranted by the facts and applicable law as set forth in the accompanying Memorandum dated June 15, 2020.
2. Defendants’ motions are DENIED in all other respects. IT IS FURTHER ORDERED that a Preliminary Pretrial Conference will be scheduled
*2 Case 2:19-cv-03210-JD Document 18 Filed 06/16/20 Page 2 of 2 in due course. Discovery may proceed in the interim.
BY THE COURT:
/s/ Hon. Jan E. DuBois DuBOIS, JAN E., J.
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