WILKINS v. BOZZUTO & ASSOCIATES, INC.

Filing 21

MEMORANDUM AND ORDER THAT MOTION TO DISMISS (DOC. 5) IS GRANTED FOR THE REASONS STATED IN THE ATTACHED MEMORANDUM OPINION. THE ABOVE CAPTIONED MATTER DISMISSED WITHOUT PREJUDICE. DEFENDANTS 6/15/09 MOTION TO DISMISS (DOC. 3) IS DISMISSED AS MOOT.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/10/09. 12/11/09 ENTERED AND COPIES MAILED, E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ___________________________________________ : SHERMAN WILKINS, : Plaintiff, : v. : : BOZZUTO & ASSOCIATES, INC., : Defendant. : __________________________________________: ORDER AND NOW, this 10th day of December, 2009, upon consideration of Defendant's July 2, 2009 Motion to Dismiss Amended Complaint [Doc. No. 5], Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss [Doc. No. 6], and Defendant's Reply to Opposition to Motion to Dismiss [Doc. No. 10], it is hereby ORDERED that: 1) Defendant's July 2, 2009 Motion to Dismiss [Doc. No. 5] is GRANTED for the reasons stated in the attached Memorandum Opinion. The above-captioned matter is DISMISSED without prejudice. 2) Defendant's June 15, 2009 Motion to Dismiss [Doc. No. 3] is DISMISSED as MOOT. It is so ORDERED.

CIVIL NO. 09-2581

BY THE COURT: /s/ Cynthia M. Rufe ______________________ CYNTHIA M. RUFE, J.