WARFIELD PHILADELPHIA L.P. v. NATIONAL PASSENGER RAILROAD CORPORATION (AMTRAK) et al

Filing 28

ORDER THAT USER'S MOTION TO DISMISS COUNT IV IS GRANTED AS UNOPPOSED AS TO USER; AMTRAK'S MOTION TO DISMISS COUNT V IS GRANTED AS UNOPPOSED; USER'S MOTION TO DISMISS THE REMAINING CLAIM AGAINST IT IS GRANTED; AMTRAK'S MOTION TO DI SMISS THE REMAINING CLAIMS AGAINST IT IS GRANTED; ALL CLAIMS IN THE FIRST AMENDED COMPLAINT ARE DISMISSED AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 11/20/2009. 11/23/2009 ENTERED AND COPIES E-MAILED.(ap, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WARFIELD PHILADELPHIA L.P. v. NAT'L PASSENGER R.R. CORP., et al. : : : : : : CRIMINAL ACTION

NO. 09-1002

ORDER AND NOW, this 20th day of November, 2009, upon consideration of the motion to dismiss of U.S. Equities Realty, Inc. ("USER") (docket entry # 18), the motion to dismiss of National Passenger Railroad Corp. ("Amtrak") (docket entry # 19), the plaintiff's response to both motions (docket entry # 20), Amtrak's reply brief (docket entry # 24), and USER's reply brief (docket entry # 26), and in accordance with the accompanying Memorandum, it is hereby ORDERED that: 1. USER's motion to dismiss Count IV is GRANTED AS

UNOPPOSED as to USER; 2. UNOPPOSED; 3. USER's motion to dismiss the remaining claim Amtrak's motion to dismiss Count V is GRANTED AS

against it (docket entry # 18) is GRANTED; 4. Amtrak's motion to dismiss the remaining claims

against it (docket entry # 19) is GRANTED;

5.

All of the claims in the first amended complaint

are DISMISSED; and 6. statistically. The Clerk of Court shall CLOSE this case

BY THE COURT:

__\s\Stewart Dalzell

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