Wilmington Trust, NA v. Adson, 17-2322. (2018)
Court: District Court, E.D. Pennsylvania
Number: infdco20180622f07
Visitors: 6
Filed: Jun. 20, 2018
Latest Update: Jun. 20, 2018
Summary: ORDER JAN E. DUBOIS , District Judge . AND NOW , this 15th day of June, 2018, upon consideration of Third Party Defendant's Motion to Dismiss the Third Party Complaint (Document No. 8, filed July 31, 2017) and Defendants'/Third-Party Plaintiffs' (Angelo Adson and Stacey L. Julye) Response in Opposition to Third-Party Defendant's (Department of Housing and Urban Development or HUD) Motion to Dismiss pursuant to Fed. R. Civ. P. [12(b)(1) and] 12(b)(6) (Document Nos. 12 and 13, filed August 2
Summary: ORDER JAN E. DUBOIS , District Judge . AND NOW , this 15th day of June, 2018, upon consideration of Third Party Defendant's Motion to Dismiss the Third Party Complaint (Document No. 8, filed July 31, 2017) and Defendants'/Third-Party Plaintiffs' (Angelo Adson and Stacey L. Julye) Response in Opposition to Third-Party Defendant's (Department of Housing and Urban Development or HUD) Motion to Dismiss pursuant to Fed. R. Civ. P. [12(b)(1) and] 12(b)(6) (Document Nos. 12 and 13, filed August 25..
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ORDER
JAN E. DUBOIS, District Judge.
AND NOW, this 15th day of June, 2018, upon consideration of Third Party Defendant's Motion to Dismiss the Third Party Complaint (Document No. 8, filed July 31, 2017) and Defendants'/Third-Party Plaintiffs' (Angelo Adson and Stacey L. Julye) Response in Opposition to Third-Party Defendant's (Department of Housing and Urban Development or HUD) Motion to Dismiss pursuant to Fed. R. Civ. P. [12(b)(1) and] 12(b)(6) (Document Nos. 12 and 13, filed August 25, 2017), for the reasons stated in the accompanying Memorandum dated June 15, 2018, IT IS ORDERED that Third Party Defendant's Motion to Dismiss the Third Party Complaint is GRANTED as follows:
1. That part of Third Party Defendant's Motion to Dismiss seeking to dismiss third party plaintiffs' fraud claim in Count 2 of the Third Party Complaint is GRANTED WITH PREJUDICE;
2. That part of Third Party Defendant's Motion to Dismiss seeking to dismiss third party plaintiffs' breach of contract claim in Count 1 and breach of the covenant of good faith and fair dealing claim in Count 3 of the Third Party Complaint is GRANTED WITHOUT PREJUDICE to third party plaintiffs' right to refile those claims in the United States Court of Federal Claims within the time provided under the applicable rules;
IT IS FURTHER ORDERED that this case is REMANDED to the Court of Common Pleas of Delaware County for lack of federal jurisdiction.
IT IS FURTHER ORDERED.
Source: Leagle
