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Associated Builders and Contractors v. Township of West Norriton, 18-4536. (2019)

Court: District Court, E.D. Pennsylvania Number: infdco20190426d97 Visitors: 1
Filed: Apr. 25, 2019
Latest Update: Apr. 25, 2019
Summary: ORDER EDWARD G. SMITH , District Judge . AND NOW, this 25th day of April, 2019, after considering the plaintiffs' amended complaint (Doc. No. 19), the defendant's motion to dismiss the amended complaint for failure to state a claim and to strike scandalous allegations (Doc. No. 20), the plaintiffs' response in opposition (Doc. No. 29), the plaintiffs' supplemental response in opposition (Doc. No. 31), and the parties' arguments raised before the court during oral argument on the motion to
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ORDER

AND NOW, this 25th day of April, 2019, after considering the plaintiffs' amended complaint (Doc. No. 19), the defendant's motion to dismiss the amended complaint for failure to state a claim and to strike scandalous allegations (Doc. No. 20), the plaintiffs' response in opposition (Doc. No. 29), the plaintiffs' supplemental response in opposition (Doc. No. 31), and the parties' arguments raised before the court during oral argument on the motion to dismiss on April 3, 2019; and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:

1. The motion to dismiss the amended complaint for failure to state a claim and to strike scandalous allegations (Doc. No. 20) is GRANTED IN PART and DENIED IN PART as follows:

a. The motion to dismiss the amended complaint for the failure to state a claim is GRANTED insofar as the defendant moved to dismiss Counts I, II, and IV of the amended complaint, and those causes of action are DISMISSED WITH PREJUDICE; b. The motion to dismiss Count III of the amended complaint is DENIED AS MOOT; and c. The motion to strike scandalous allegations is DENIED;

2. Count III of the amended complaint is DISMISSED WITHOUT PREJUDICE; and

3. The clerk of court is DIRECTED to mark this case as CLOSED.

Source:  Leagle

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