IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
October 7, 2011
JACK E. FEINBERG, PLAINTIFF,
AMERICAN EXPRESS COMPANY, DEFENDANT.
The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 7th day of October, 2011, upon consideration of Defendant American Express Company's Motion to Dismiss (Document No. 5, filed September 6, 2011), Plaintiff's Memorandum of Law in Opposition to Defendant's Rule 12(b)(6) Motion to Dismiss Plaintiff's Complaint (Document No. 6, filed September 21, 2011), and Defendant American Express Company's Motion for Leave to File a Reply Brief and the attached Defendant American Express Company's Reply Brief in Support of its Motion to Dismiss (Document No. 13, filed October 5, 2011), for the reasons set forth in the Memorandum of October 7, 2011, IT IS ORDERED that Defendant American Express Company's Motion to Dismiss is GRANTED IN PART and DENIED INI PART, as follows:
1. With respect Count One, plaintiff's negligence claim, the motion is DENIED without prejudice to defendant's right to raise the issue presented in that motion after completion of discovery by motion for summary judgment and/or at trial;
2. With respect to Count Two, plaintiff's claim for punitive damages, the motion is GRANTED, and the Court amends Count One so as to include a claim for punitive damages.
BY THE COURT:
Jan E. DuBois
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