UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA
March 13, 2007
JOSEPH TICHY, PLAINTIFF
O'BRIEN & GERE BUSINESS SERVICES, INC., ET AL., DEFENDANTS
The opinion of the court was delivered by: Judge Kosik
AND NOW, this 13th day of March, 2007, upon consideration of the defense motion to dismiss plaintiff's punitive damages claim and to strike references to allegations of recklessness,
IT IS HEREBY ORDERED that the motion is DENIED without prejudice.
While proving punitive damages is a heavy burden, the allegations in the complaint are sufficient to deny the defense motion and, at least, to allow discovery for future considerations.
Defendants will file an Answer within fifteen (15) days of this Order. After which a scheduling conference will be ordered before the matter is to further proceed.
Edwin M. Kosik United States District Judge
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