IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
August 23, 2011
SUSAN M. BAKER, PLAINTIFF,
PENNSYLVANIA ECONOMY LEAGUE, INC. RETIREMENT INCOME PLAN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Anita B. Brody, J.
AND NOW, this ____ day of __________ 2011, it is ORDERED that Defendants' motion to dismiss (Doc. #4) is GRANTED IN PART and DENIED IN PART as follows:
* Defendants' motion is GRANTED as to Plaintiff's claim for a determination of benefit rights (Count I) and this claim is dismissed with prejudice.
* Defendants' motion is DENIED as to Plaintiff's claims for breach of fiduciary duties (Count II) and restitution (Count III).
* Defendants' motion is GRANTED as to Plaintiff's claim for equitable injunctive relief based on a theory of equitable estoppel (Count IV) and this claim is dismissed without prejudice. Further, Plaintiff's request for leave to amend Count IV of her complaint is GRANTED, and Plaintiff shall have until September 23, 2011 to file an amended complaint.
Ania B. Brody______
Copies VIA ECF on _________ to: Copies MAILED on _______ to:
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