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Diane Messer, A/K/A Diane M. Mccutcheon, and Charles Messer v. First Financial Federal Credit Union of Maryland

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


July 30, 2012

DIANE MESSER, A/K/A DIANE M. MCCUTCHEON, AND CHARLES MESSER, PLAINTIFFS,
v.
FIRST FINANCIAL FEDERAL CREDIT UNION OF MARYLAND, DEFENDANT.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 30th day of July 2012, upon consideration of Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint [Doc. No. 13]; Plaintiffs' Response in Opposition thereto [Doc. No. 20]; Defendant's Reply [Doc. No. 21]; and Plaintiffs' Sur-Reply [Doc. No. 24]; and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant's Motion is GRANTED in part and DENIED in part, as follows:

1. Defendant's Motion is GRANTED as to Count IV (Intentional Infliction of Emotional Distress); accordingly,

(a) as to Plaintiff Charles Messer, Count IV is DISMISSED with prejudice; and

(b) as to Plaintiff Diane Messer, Count IV is DISMISSED without prejudice, with leave to amend within twenty-one (21) days of the date of this Order; and

2. Defendant's Motion is GRANTED as to Count V (Loss of Consortium), which is DISMISSED with prejudice; and

3. Defendant's Motion is DENIED as to Counts I-III.

It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20120730

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