BRYAN BUTAKIS v. NVR INC (2023)

ORDER

AND NOW, this 5th day of April, 2023, after considering Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (ECF No. 15) and any responses thereto, and after a hearing on the record, it is hereby ORDERED that said motion is GRANTED. It is further ORDERED as follows:

1. Count I is DISMISSED with prejudice.

2. Count II, Count III, Count IV, and Count V are DISMISSED without prejudice.

3. Plaintiffs may file a second amended complaint or a statement that they plan to stand on the amended complaint by May 5, 2023. Failure to act by May 5, 2023 will be deemed a decision by Plaintiffs that they wish to stand on the amended complaint. If Plaintiffs advise the Court that they will stand on the amended complaint or fails to so respond by May 5, 2023, the Court will dismiss the case with prejudice due to Plaintiffs' failure to state a claim upon which relief can be granted.

4. Defendants' Motion for Leave (ECF No. 18) is GRANTED. Defendants' Reply Brief in Further Support of Motion to Dismiss Plaintiffs' Amended Complaint, which is attached as Exhibit A to Defendants' Motion for Leave, is deemed FILED.

AND IT IS SO ORDERED.

EDUARDO C. ROBRENO, J.