PHILADELPHIA – Litigation filed by a Delaware County couple against gym franchise L.A. Fitness has been discontinued, just two days before a case management conference for an update on the proceedings was scheduled.
Mary Gionta and Ronald Gionta of Springfield initiated suit in the Philadelphia County Court of Common Pleas through a writ of summons filed on April 19 against L.A. Fitness of Springfield and L.A. Fitness International of Irvine, Calif.
Yet, the Giontas did not immediately file a complaint against the defendants and on July 12, David J. Samlin, defense counsel for L.A. Fitness filed a praecipe for rule to file a complaint – requesting a rule be entered compelling the plaintiffs to file a complaint within 20 days of the rule’s service, or for them to suffer a Judgment of Non Pros.
A case management conference in the matter had been rescheduled for Wednesday, Aug. 22 at the courthouse’s Case Management Center in Philadelphia City Hall, along with a stipulation of no further continuances being granted.
However, on Aug. 20, just two days before the case management conference was to take place, plaintiff counsel Samuel I. Reich filed a praecipe on behalf of the plaintiffs, requesting the court to mark the case as “discontinued without prejudice.”
The plaintiffs were represented by Jeffrey F. Laffey and Samuel I. Reich of Laffey Bucci & Kent, in Philadelphia.
The defendants were represented by David J. Samlin, John C. McMeekin II and John Ehmann of Rawle & Henderson, also in Philadelphia.
Philadelphia County Court of Common Pleas case 180402608
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com