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Atchinson v. Sears

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 17, 2009

GERARD W. ATCHINSON, SR., PLAINTIFF,
v.
SEARS, SEARS HOLDINGS CORPORATION, SEARS HOLDINGS, SEARS, ROEBUCK AND CO., AND SEARS HOME IMPROVEMENT PRODUCTS, DEFENDANTS.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER

AND NOW, this 17th day of August, 2009, upon consideration of the Motions filed by both parties, it is hereby ORDERED as follows:

(1) The Motion of Defendants, Sears, Sears Holdings Corporation, Sears Holdings, Sears, Roebuck and Co., and Sears Home Improvement Products, for Leave to File a Sur-Reply (Doc. No. 20), is GRANTED.

(2) The Motion of Plaintiff Gerard W. Atchinson, Sr. for Leave to Amend his Complaint (Doc. No. 17) is GRANTED IN PART, and DENIED IN PART, as set forth in the attached memorandum.

(3) Plaintiff is granted leave to withdraw his claim under ERISA and to amend his Complaint to include a claim for breach of contract. The Motion to Amend is denied in all other respects.

20090817

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