Hummel v. JH Cornelia, LLC

Full title: JOHN HUMMEL III, Plaintiff, v. JH CORNELIA, LLC, et al., Defendants.

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

Date published: Apr 25, 2023

Civil Action 22-2332 (E.D. Pa. Apr. 25, 2023)

Opinion

Civil Action 22-2332

04-25-2023

JOHN HUMMEL III, Plaintiff, v. JH CORNELIA, LLC, et al., Defendants.

EDUARDO C. ROBRENO, J.

ORDER

EDUARDO C. ROBRENO, J.

AND NOW, this 25th day of April, 2023, after considering Defendant Phillips' Motion to Dismiss and Strike (ECF No. 42) and Defendants Stephens and Cornelia's Motion to Dismiss (ECF No. 39), any responses thereto, and after a hearing on the record, it is hereby ORDERED that both of Defendants' Motions (ECF Nos. 39 & 42) are GRANTED in part and DENIED in part. It is further ORDERED as follows:

1. Count IV against Defendant Phillips is DISMISSED with prejudice.

2. The “could not” language is STRICKEN from Paragraph 37 of the Second Amended Complaint.

3. Counts III-IV against Defendants Stephens and Cornelia are DISMISSED with prejudice.

4. Count V against Defendants Stephens and Cornelia is DISMISSED without prejudice. Plaintiff may seek leave to amend at the conclusion of PHRA proceedings.

5. Plaintiff is granted leave to amend the word “consensual” in Paragraph 25 of the Second Amended Complaint to “non-consensual.”

AND IT IS SO ORDERED.