United Emp't Assocs. v. Landmark Constr. Co.

Full title: UNITED EMPLOYMENT ASSOCIATES, Plaintiff, v. LANDMARK CONSTRUCTION COMPANY…

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

Date published: Dec 5, 2024

5:23-cv-3668 (E.D. Pa. Dec. 5, 2024)

Opinion

5:23-cv-3668

12-05-2024

UNITED EMPLOYMENT ASSOCIATES, Plaintiff, v. LANDMARK CONSTRUCTION COMPANY, INC., and PORT CITY CONCRETE, INC., Defendants.

JOSEPH F. LEESON, JR. United States District Judge

ORDER

JOSEPH F. LEESON, JR. United States District Judge

AND NOW, this 5^th day of December, 2024, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT:

1. Defendants' Renewed Motion to Dismiss, ECF No. 27, is GRANTED;

2. Counts One, Three, and Five of Plaintiff's Second Amended Complaint against Landmark Construction Company, Inc. are DISMISSED WITH PREJUDICE for lack of personal jurisdiction;

3. The Clerk of Court is directed to TERMINATE Landmark Construction Company, Inc. as a party to this action;

4. Count Two of Plaintiff's Second Amended Complaint against Port City Concrete, Inc. is DISMISSED WITH PREJUDICE for failure to state a claim;

5. Counts Four and Six of Plaintiff's Second Amended Complaint against Port City Concrete, Inc. are DISMISSED WITHOUT PREJUDICE for failure to state a claim; and

6. Within twenty days of the date of this Order, Plaintiff may file a third amended complaint as to its claims of unjust enrichment and quantum meruit against Port City Concrete, Inc., only. If Plaintiff fails to timely file an amended complaint, all remaining claims will be dismissed with prejudice.