ROSENBERG v. AVIS RENT A CAR SYSTEM, INC. (E.D.Pa. 7-31-2007)

L. RESTREPO, Magistrate Judge

AND NOW, this 31^st day of July, 2007, it is hereby ordered that defendant's motion to dismiss is GRANTED IN PART and DENIED IN PART.

1. Defendant's motion to dismiss for lack of subject matter jurisdiction is DENIED;

2. Defendant's motion to dismiss for vague and conclusory class action allegations is DENIED;

3. Defendant's motion to dismiss for failure to plead fraud with particularity is GRANTED;

4. Defendant's motion to dismiss for failure to state a claim for which relief can be granted is DENIED;

5. Defendant's motion to dismiss with respect to any putative class member who is not a resident of Pennsylvania is DENIED.

IT IS FURTHER ORDERED that plaintiff shall have 30 days from the date of this Order to amend and resubmit the complaint in compliance with this Order.