Opinion
Civil Action 22-2628
01-26-2024
ORDER
GERALD J. PAPPERT, J.
AND NOW, this 26th day of January 2024, upon consideration of Chase Data and Dialed In's Motions to Dismiss (ECF Nos. 15 & 17), Ahmed Macklai's Motion to Dismiss (ECF No. 16), Andrew Perrong's Responses (ECF Nos. 18 & 19), and Macklai's and Perrong's additional filings (ECF Nos. 20 & 21), it is hereby ORDERED:
1. The Motion to Strike Macklai's Reply (ECF No. 21) is GRANTED.
Macklai's reply brief was filed on December 15, 2023, more than two weeks after Perrong's November 30, 2023 response and well after the seven-day deadline for replies permitted under the Court's policies and procedures. See https://www.paed.uscourts.gov/sites/paed/files/documents/procedures/pappol.pdf.
2. The Motion to Dismiss all counts against Chase Data and Dialed In (ECF No. 15) is DENIED as MOOT.
3. The Amended Motion to Dismiss the claims against Chase Data (ECF No. 17) is DENIED.
4. The Amended Motion to Dismiss the claims against Dialed In (also ECF No. 17) is GRANTED and all counts against Dialed In are DISMISSED without prejudice.
5. The Motion to Dismiss the claims against Macklai (ECF No. 16) is GRANTED and all counts against Macklai are DISMISSED with prejudice.
6. Perrong may file an Amended Complaint, consistent with the Court's Order and Memorandum, on or before February 16, 2024.