WYATT v. PHILADELPHIA HOUSING AUTHORITY et al
RICHARD WYATT |
PHILADELPHIA HOUSING AUTHORITY, KELVIN A. JEREMIAH and OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATION LOCAL #008 |
2:2015cv02259 |
April 24, 2015 |
US District Court for the Eastern District of Pennsylvania |
Philadelphia Office |
Outside the State of PA. |
CYNTHIA M. RUFE |
Fair Labor Standards Act |
29 U.S.C. ยง 201 |
Plaintiff |
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Filing 27 ORDER THAT PLAINTIFF HAS VOLUNTARILY DISMISSED COUNTS II, IV, AND VII OF THE AMENDED COMPLAINT, AS WELL AS THE BREACH OF FIDUCIARY DUTY CLAIMS SET FORTH IN COUNT I, AND THE ERISA CLAIMS AGAINST THE PHA IN COUNT VI. THESE CLAIMS ARE DISMISSED WITH PRE JUDICE. THE REMAINING CLAIMS IN COUNT I AND VI AND THE CLAIMS IN COUNTS III AND V ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT TO ATTEMPT TO REMEDY THE PLEADING DEFICIENCIES WITH REGARD TO THE BREACH OF CONTRACT/UNJU ST ENRICHMENT CLAIMS, THE RETALIATION CLAIMS, AND THE ERISA CLAIM AGAINST THE UNION, ON OR BEFORE 3/21/2016. FAILURE TO DO SO WILL RESULT IN THE DISMISSAL OF THESE CLAIMS WITH PREJUDICE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/1/2016. 3/2/2016 ENTERED AND COPIES E-MAILED.(sg, ) |
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