SHIPP et al v. DONAHER et al

Filing 27

ORDER THAT PLFFS' PETITION TO SUPPLEMENT THE COMPLAINT WITH EXHIBITS IS GRANTED, ETC. MOTION TO DISMISS FILED BY DEFTS PNC BANK, N.A. & JAMES ROHR IS GRANTED. MOTION TO DISMISS FILED BY DEFTS DONNA DONAHER & TUCKER ARENSBERG, PC. IS GRANTED. COU NTS 1-13, 16-22, & 24-29 OF THE COMPLAINT, & COUNT 15 INSOFAR AS IT APPLIES TO DEFTS PNC BANK, NA. & JAMES ROHR ARE DISMISSED WITH PREJUDICE; COUNTS 14 & 23 & COUNT 15 INSOFAR AS IT APPLIES TO THE REMAINING DEFTS, ARE DISMISSED WITHOUT PREJUDICE TO REFILING AN AMENDED COMPLAINT WITHIN 30 DAYS OF THE DATE OF THIS ORDER, ETC. SIGNED BY HONORABLE LOUIS H. POLLAK ON 3/25/10. 3/25/10 ENTERED AND COPIES E-MAILED: COPIES MAILED TO PRO SE DEFTS AND UNREPRESENTED PARTY.(kw ).

UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA WILLIAM and STACY SHIPP, P l a i n t if f s , v. D O N N A DONAHER, et al., D e f e n d a n ts . C IV IL ACTION N o . 09-2475

ORDER A N D NOW, this 25th day of March, 2010, for the reasons stated in the foregoing o p in io n , it is hereby ORDERED as follows: (1 ) Plaintiffs' Petition to Supplement the Complaint with Exhibits (Docket No. 2) is GRANTED; (2 ) Plaintiffs' request for judicial notice (contained in Docket No. 20) is GRANTED; (3 ) Plaintiffs' Requests for Document Production (contained in Docket Nos. 16 a n d 20) are DISMISSED AS MOOT; (4 ) The motion to dismiss filed by defendants PNC Bank, N.A. and James Rohr ( D o c k e t No. 14) is GRANTED; (5 ) The motion to dismiss filed by defendants Donna Donaher and Tucker A r e n s b e r g , P.C. (Docket No. 15) is GRANTED; and (6 ) (a) Counts 1-13, 16-22, and 24-29 of the Complaint, and Count 15 insofar as it

applies to defendants PNC Bank, N.A. and James Rohr are DISMISSED WITH P R E J U D IC E ; (b) Counts 14 and 23, and Count 15 insofar as it applies to the remaining d e f en d a n ts , are DISMISSED WITHOUT PREJUDICE to refiling an amended co m p lain t within thirty (30) days of the date of this Order; and (c) Counts 30-76 are D IS M I S S E D WITHOUT PREJUDICE to inclusion in an amended complaint or re f ilin g in the appropriate state court.

B Y THE COURT: /s /L o u is H. Pollak P o l la k , J.