United States District Court, Eastern District of Pennsylvania
March 23, 2015
ANN M. PANNETTA Plaintiff
MILFORD CHRYSLER SALES INC., FIRST NATIONAL BANK, MEMBERS ONLY AUTOMOTIVE, JANE DOE, and JOHN DOE Defendants
GERALD J. PAPPERT, J.
AND NOW, this 23rd day of March, 2015, upon consideration of the Motions to Dismiss filed by Defendants Milford Chrysler Sales Inc. (Doc. No. 12) and First National Bank (Doc. No. 15), and Plaintiff Ann Pannetta’s responses in opposition (Doc. Nos. 14 and 16), it is ORDERED that:
1. First National Bank’s Motion (Doc. No. 15) is GRANTED; Plaintiff’s claim against First National Bank for violation of the Truth In Lending Act (Count I) is DISMISSED WITH PREJUDICE; Plaintiff’s state law claims against First National Bank (Counts II, I V, and V) are DISMISSED WITHOUT PREJUDICE.
2. Milford Chrysler Sales Inc.’s Motion (Doc. No. 12) is GRANTED IN PART AND DENIED IN PART; Plaintiff’s claims against Milford Chrysler Sales Inc. for negligence (Count IV) and negligent misrepresentation (Count V) are DISMISSED WITH PREJUDICE; Paragraphs 45 through 49 are STRICKEN from the First Amended Complaint; The Motion is DENIED in all other respects.
3. Milford Chrysler Sales Inc. shall file an Answer to the First Amended Complaint, consistent with this Order, by April 9, 2015.