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Gerald Thompson, et al v. Us Airways

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


July 20, 2011

GERALD THOMPSON, ET AL.,
PLAINTIFFS,
v.
US AIRWAYS, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gene E.K. Pratter United States District Judge

ORDER

AND NOW, this 15th day of July, 2011, upon consideration of Defendant US Airways' Motion for Order to Show Cause (Docket No. 45), Plaintiffs' Response in Opposition (Docket No. 56), and the two Replies to the Response in Opposition filed by US Airways and Defendant Prime Flight (Docket Nos. 58 and 59), it is hereby ORDERED that the Plaintiffs have failed to show cause why Counts I and II of the Complaint should not be dismissed, and that Counts I and II are thus DISMISSED with prejudice to the extent that they are asserted by Plaintiffs who were members of the settlement class in Mitchell v. US Airways, Inc. (D. Mass., No. 1:08-cv-10629).

It is further ORDERED that if the Plaintiffs believe that any of the Plaintiffs were not members of the settlement class in Mitchell, they shall have 21 days from the entry of this Order to file a brief setting forth the basis for this belief. Defendants shall have an additional 14 days to file a response to any such brief.

BY THE COURT:

Gene E.K. Pratter

20110720

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