McNicholas v. Century Link, Inc.

Full title: JAMES MCNICHOLAS, Plaintiff, v. CENTURY LINK, INC., et al ., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Nov 15, 2021

Civil Action 21-2344 (E.D. Pa. Nov. 15, 2021)

Opinion

Civil Action 21-2344

11-15-2021

JAMES MCNICHOLAS, Plaintiff, v. CENTURY LINK, INC., et al ., Defendants.

Hon. Petrese B. Tucker, U.S.D.J.

ORDER

Hon. Petrese B. Tucker, U.S.D.J.

AND NOW, this 15th day of November 2021, upon consideration of Defendants Level 3 Parent, LLC, and Lumen Technologies' Motions to Dismiss Plaintiff's Complaint (ECF Nos. 13, and 14), Defendants Level 3 Parent, LLC, and Lumen Technologies' Motions to Dismiss Plaintiff's Amended Complaint (ECF Nos. 22 and 23), Defendant Level 3 Parent, LLC's Second Motion to Dismiss Plaintiff's Complaint (ECF No. 28), and Plaintiff's Response in Opposition (ECF Nos. 26, 27, and 29), IT IS HEREBY ORDERED AND DECREED that:

1. Defendants' Motions to Dismiss the Complaint (ECF Nos. 13, 14 and 28) are DENIED AS MOOT;¹

1 Plaintiff filed an Amended Complaint on June 23, 2021. (ECF No. 21).

2. Defendants' Motions to Dismiss the Amended Complaint (ECF Nos. 22 and 23) are DENIED WITHOUT PREJUDICE; ² and

2 Defendants may renew their motions at the conclusion of the limited jurisdictional discovery.

3. The Parties are to conduct limited jurisdictional discovery for thirty (30) days from the date of this order.