Miller v. O'Brien Construction et al, No. 4:2019cv01611 - Document 19 (M.D. Pa. 2020)

Court Description: ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that 11 motion to dismiss count 1 of the complaint is GRANTED; 12 motion to dismiss complaint is GRANTED; no later than 2/26/2020 Michael Miller MAY FILE an amend ed complaint to address the deficiencies in this Memorandum Opinion and Order; If Mr. Miller fails to file an amended complaint by 2/26/2020, Mr. Miller's Complaint SHALL BE CONSIDERED DISMISSED WITH PREJUDICE and the Clerk of Court SHALL CLOSE this case. Signed by Honorable Matthew W. Brann on 2/12/2020. (jr)

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Miller v. O'Brien Construction et al Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MICHAEL MILLER, No. 4:19-CV-01611 Plaintiff, (Judge Brann) v. O’BRIEN CONSTRUCTION, INC. and BRE RC MONROE MP PA, L.P., Defendants. ORDER AND NOW, this 12th day of February 2020, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that: 1. Defendant O’Brien Construction, Inc.’s motion to dismiss Count I of the complaint1 (ECF No. 11) is GRANTED. 2. Defendant BRE RC Monroe MP PA, L.P’s Motion to Dismiss Complaint (ECF No. 12) is GRANTED. 3. No later than February 26, 2020, Michael Miller MAY FILE an amended complaint to address the deficiencies in this Memorandum Opinion and Order. 1 Although titled “Motion of Defendant O’Brien Construction, Inc. to Dismiss Plaintiff’s Complaint,” the body of the motion seeks dismissal only of Count I. Dockets.Justia.com 4. If Mr. Miller fails to file an amended complaint by February 26, 2020: a. Mr. Miller’s Complaint, ECF No. 1, SHALL CONSIDERED DISMISSED WITH PREJUDICE, and b. The Clerk of Court SHALL CLOSE this case. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge -2- BE

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