Stoudt v. BCA Indus.

Full title: JERE STOUDT and RETIRED TIRE MOBILE SHREDDING, LLC, Plaintiffs, v. BCA…

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

Date published: Dec 9, 2022

5:22-cv-01900 (E.D. Pa. Dec. 9, 2022)

Opinion

5:22-cv-01900

12-09-2022

JERE STOUDT and RETIRED TIRE MOBILE SHREDDING, LLC, Plaintiffs, v. BCA INDUSTRIES, RECYCLE EQUIPMENT RENTAL LCC, IVYWOOD LLC, Defendants.

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

AND NOW, this 9^th day of December, 2022, upon consideration of Defendants' Motions to Dismiss for Failure to State a Claim and Improper Venue, ECF Nos. 14, 16, 18, Plaintiffs' responses thereto, ECF Nos. 19-22, and for the reasons set forth in the Court's Opinion issued this date, IT IS ORDERED THAT:

1. Defendant BCA Industries' motion, ECF No. 14, is GRANTED.

2. Defendant Recycle Equipment Rental LLC's motion, ECF No. 18, is GRANTED.

3. Defendant Ivywood LLC's motion, ECF No. 16, is GRANTED in part and DENIED in part as follows:

a. Ivywood's 12(b)(3) motion is DENIED.

b. Ivywood's 12(b)(6) motion is GRANTED.

4. Counts I through V of the Complaint are DISMISSED without prejudice.

5. Within fourteen (14) days of the date of this Order, Plaintiff may, consistent with the Court's opinion, file an amended complaint.