govinfo:USCOURTS-pamd-4_25-cv-02080-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 
 
KURT SCHERTLE, 
 
 Plaintiff, 
 
 v. 
 
WEIS MARKETS INC. and the WEIS 
MARKETS INC. RETIREMENT 
COMMITTEE, 
 
 Defendants. 
 No. 4:25-CV-02080 
 
 (Chief Judge Brann) 
 
 
 
ORDER 
 
JUNE 17, 2026 
 
In accordance with the accompanying Memorandum Opinion, IT IS 
HEREBY ORDERED that: 
1. Defendant Weis Markets Inc., and the Weis Markets Inc. Retirement 
Committee’s Motion to Dismiss Counts II through VII (Doc. 10) is 
GRANTED. 
2. Counts II, III, IV, and VII are DISMISSED WITH PREJUDICE, 
while Counts V and VI are DISMISSED WITHOUT PREJUDICE. 
3. Plaintiff is granted leave to file an amended complaint within 14 days 
of the date of this Order. Failure to file an amended complaint will 
result in the dismissal of Counts V and VI with prejudice. 

4. Defendants shall docket an answer to the remaining count of the 
complaint within 28 days of the date of this Order should no amended 
complaint be filed. 
 
 
BY THE COURT: 
 
 
s/ Matthew W. Brann 
Matthew W. Brann 
Chief United States District Judge 

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