LIPNICK v. UNITED AIRLINES, INCORPORATED, ET AL.,
Filing
12
MEMORANDUM OPINION AND ORDER re: Defendants 6 MOTION for Order of Dismissal; it is hereby, ORDERED that Uniteds motion is hereby GRANTED and Lipnicks second claim for relief is hereby DISMISSED with prejudice; and it is, FURTHER ORDERED that the he aring on Uniteds Motion set for December 10, 2012, at 11:30 A.M. in Courtroom 27A, shall be converted to a Scheduling Conference. By no later than December 3, 2012, the parties shall file their Report of Parties Planning Meeting, pursuant to Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. Signed by Judge Robert L. Wilkins on 11/1/2012. (tcb)
NOT INTENDED FOR PUBLICATION IN THE OFFICIAL REPORTERS
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LEWIS LIPNICK,
Plaintiff,
v.
Civil Action No. 12-cv-1277 (RLW)
UNITED AIR LINES, INC., et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Plaintiff Lewis Lipnick (“Lipnick”), a bassoon and contrabassoon player in the National
Symphony Orchestra, brings this lawsuit against Defendants United Air Lines, Inc. (“United”)
and Deutsche Lufthansa AG (“Lufthansa”) for injuries he alleges he sustained while transporting
his newly-purchased contraforte (a type of contrabassoon) down an escalator at the Munich
Airport in September 2010.
This matter is before the Court on United’s Motion to Dismiss (Dkt. No. 6), through
which United seeks to dismiss Lipnick’s second claim for relief for negligence under Federal
Rule of Civil Procedure 12(b)(6). Lufthansa has joined in United’s Motion. (Dkt. No. 8). On
October 16, 2012, Lipnick filed his response to United’s Motion, indicating that he consents to
the dismissal of his negligence claim and does not oppose United’s Motion. Thus, it is hereby,
ORDERED that United’s motion is hereby GRANTED and Lipnick’s second claim for
relief is hereby DISMISSED with prejudice; and it is,
FURTHER ORDERED that the hearing on United’s Motion set for December 10, 2012,
at 11:30 A.M. in Courtroom 27A, shall be converted to a Scheduling Conference. By no later
1
NOT INTENDED FOR PUBLICATION IN THE OFFICIAL REPORTERS
than December 3, 2012, the parties shall file their Report of Parties’ Planning Meeting, pursuant
to Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3.
Digitally signed by Judge Robert L.
Wilkins
DN: cn=Judge Robert L. Wilkins,
o=U.S. District Court, ou=Chambers
of Honorable Robert L. Wilkins,
email=RW@dc.uscourt.gov, c=US
Date: 2012.10.31 18:41:37 -04'00'
SO ORDERED.
Date: November 1, 2012
ROBERT L. WILKINS
United States District Judge
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