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,
FIRST FINANCIAL FEDERAL CREDIT UNION OF MARYLAND, DEFENDANT.
The opinion of the court was delivered by: Cynthia M. Rufe, J.
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
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