Niblett v. Exp Realty, LLC

Full title: MELISSA NIBLETT, Plaintiff, v. EXP REALTY, LLC, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Sep 19, 2022

CIVIL 1:21-CV-01345 (M.D. Pa. Sep. 19, 2022)

Opinion

CIVIL 1:21-CV-01345

09-19-2022

MELISSA NIBLETT, Plaintiff, v. EXP REALTY, LLC, et al., Defendants.

JENNIFER P. WILSON UNITED STATES DISTRICT COURT JUDGE

ORDER

JENNIFER P. WILSON UNITED STATES DISTRICT COURT JUDGE

AND NOW, on this 19th day of September, 2022, for the reasons set forth in the accompanying memorandum, IT IS ORDERED AS FOLLOWS:

1. Defendant Rogers' motion to dismiss, Doc. 17, is GRANTED WITHOUT PREJUDICE to Plaintiff filing an amended complaint amending Counts 1, 2, 3, 4, 5, and 10.

2. Defendant Hommerbocker's motion to dismiss, Doc. 18, is GRANTED WITHOUT PREJUDICE to Plaintiff filing an amended complaint amending Counts 2, 3, 4, 5, and 10.

3. Defendant TDI's motion to dismiss, Doc. 29, is GRANTED WITHOUT PREJUDICE to Plaintiff filing an amended complaint amending Counts 1, 2, 3, 4, 5, and 10.

4. The eXp Defendants' motion to dismiss, Doc. 40, is GRANTED WITHOUT PREJUDICE to Plaintiff filing an amended complaint amending Counts 1, 2, 3, 4, 5, and 10.

5. Defendant CrossCountry's motion to dismiss, Doc. 51, is GRANTED WITHOUT PREJUDICE to Plaintiff filing an amended complaint amending Counts 1, 2, 3, 4, 5, and 10.

6. All Defendants' motions to dismiss, Docs. 17, 18, 29, 40, & 51, are GRANTED WITH PREJUDICE as to Counts 6 and 9.

7. Plaintiff's motion for oral argument, Doc. 66, is DISMISSED AS MOOT.

8. Plaintiff may file an amended complaint in accordance with this order and the accompanying memorandum within 21 days, on or before October 11, 2022.

9. If Plaintiff fails to file an amended complaint within 21 days, the Clerk of Court is directed to close this case.