Speicher v. Rocket Mortg.

Full title: JOHN J. SPEICHER, et al., Plaintiffs, v. ROCKET MORTGAGE, LLC, Defendant.

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

Date published: Apr 11, 2023

Civil Action 5:22-cv-4284 (E.D. Pa. Apr. 11, 2023)

Opinion

Civil Action 5:22-cv-4284

04-11-2023

JOHN J. SPEICHER, et al., Plaintiffs, v. ROCKET MORTGAGE, LLC, Defendant.

JOSEPH F. LEESON, JR. United States District Judge.

ORDER

JOSEPH F. LEESON, JR. United States District Judge.

AND NOW, this 11^th day of April, 2023, upon consideration of Defendant's Motion to Dismiss the Complaint, Plaintiffs' response, Defendant's reply, and for the reasons stated in the Court's Opinion issued this same day, IT IS HEREBY ORDERED THAT Defendant's Motion, ECF No. 6, is GRANTED in part and DENIED in part as follows:

1. Counts I, IV, and V of the Complaint are dismissed with prejudice.¹

1 The Court dismisses these counts with prejudice because any amendments would be futile for the reasons stated in the Opinion. See Boyd v. New Jersey Dept. of Corrections, 583 Fed.Appx. 30, 32 (3d Cir. 2014).

2. Counts II and VI of the Complaint are dismissed without prejudice.

3. Defendant's Motion to Dismiss is denied as to Counts III and VII.

4. Plaintiffs have 7 days from the date of this Order to file an Amended Complaint if they wish to replead the Counts that have been dismissed without prejudice.²

2 Defendant has 21 days from the date of this Order to file an answer to the Complaint or, if necessary, file a response to any Amended Complaint.