Barbieri v. Wells Fargo & Co.

Full title: PIETRO BARBIERI, ET AL. v. WELLS FARGO & CO, ET AL.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Date published: Jul 27, 2012

CIVIL ACTION NO. 09-3196 (E.D. Pa. Jul. 27, 2012)

Opinion

CIVIL ACTION NO. 09-3196

07-27-2012

PIETRO BARBIERI, ET AL. v. WELLS FARGO & CO, ET AL.

R. BARCLAY SURRICK

ORDER

AND NOW this 27th day of July , 2012, upon consideration of Defendants' Motion to Dismiss Plaintiff's Complaint or, in the Alternative, for a More Definitive Statement (ECF No. 13), Plaintiffs' Motion to Enlarge Time to Respond to Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and Motion to Amend Its Complaint to Include Additional Counts Including but not Limited to R.I.C.O. Violations of the Racketeering Influence Corrupt Organization Acts (ECF No. 14), and Defendants' Motion for Issuance of a Protective Order Staying Discovery Pending Resolution of Defendants' Motion to Dismiss (ECF No. 18), and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:

1. Plaintiffs' Motion to Enlarge Time to Respond to Defendants' Motion to Dismiss and Motion to Amend its Complaint is GRANTED in part and DENIED in part as follows:

A. Plaintiffs' request to amend the Complaint is GRANTED. Plaintiffs shall file an amended Complaint on or before August 10, 2012.
B. Plaintiffs' request for an extension of time to respond to Defendants' Motion to Dismiss is DISMISSED as moot.
C. Plaintiffs' request for expedited discovery is DENIED.

2. Defendants' Motion to Dismiss Plaintiff's Complaint or, in the Alternative, for a
More Definitive Statement (ECF No. 13) is DISMISSED as moot.
3. Defendants' Motion for a Protective Order Staying Discovery Pending Resolution of Defendants' Motion to Dismiss is GRANTED.

IT IS SO ORDERED.

BY THE COURT:

________________________

R. BARCLAY SURRICK , J.