SHIPP et al v. DONAHER et al

Filing 28

MEMORANDUM AND ORDER THAT, ON PAGE 31, LINES 10-11 OF THE OPINION ENTERED BY THIS COURT IN THIS MATTER ON 3/25/2010, THE WORDS "TUCKER AND DONAHER" ARE STRICKEN & REPLACED WITH THE WORDS "THE REMAINING DEFTS." SIGNED BY HONORABLE LOUIS H. POLLAK ON 4/1/10. 4/2/10 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

M E M O R A N D U M /O R D E R T h is court has discovered a typographical error on page 31 of the opinion issued in th is case on March 25, 2010 (docket no. 26). In discussing which counts would be d ism iss e d with and without prejudice, the opinion states as follows: Count 13 will be dismissed with prejudice because plaintiffs would be u n a b le to state an antitrust injury in an amended complaint, and Count 15 m u s t be dismissed with prejudice as pled against PNC [Bank, N.A.] and [ Ja m e s ] Rohr, given that those defendants may not be considered debt c o lle c to rs with regard to the SBA loan. By contrast, Counts 14 and 23, and C o u n t 15 insofar as it applies to Tucker [Arensberg, P.C.] and [Donna] D o n a h e r, are being dismissed for pleading deficiencies that may potentially b e remedied by amendment of the complaint; those counts will accordingly b e dismissed without prejudice. T o be consistent both with the analysis at pages 29-30 of the opinion, as well as with the o rd e r accompanying the opinion, the second of these sentences should refer to "the re m a in in g defendants" instead of to Tucker and Donaher. The sentence will therefore be a m e n d e d pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, which permits th is court to "correct a clerical mistake . . . whenever one is found in a judgment, order, or

o th e r part of the record." 1 A N D NOW, this 1st day of April, 2010, it is hereby ORDERED that, on page 31, lin e s 10-11 of the opinion entered by this court in this matter on March 25, 2010 (docket n o . 26), the words "Tucker and Donaher" are stricken and replaced with the words "the re m a in in g defendants."

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

This change does not alter the disposition of the claims in the complaint as re f le c te d in the order entered on March 25. It remains the case that (1) Counts 1-13, 162 2 , and 24-29 are dismissed with prejudice as to all defendants; (2) Counts 14, 23, and 3 0 -7 6 are dismissed without prejudice as to all defendants, and (3) Count 15 is dismissed w ith prejudice as it applies to PNC Bank, N.A. and James Rohr and without prejudice as it applies to the remaining defendants.

1