DEFEBO v. ANDERSEN WINDOWS, INC. et al

Filing 23

MEMORANDUM AND/OR OPINION ORDER THAT THE DEFENDANT HOME DEPOT U.S.A., INC.'S MOTION TO DISMISS COUNTS II AND V (DOC. #3) IS GRANTED BUT THE PLAINTIFF SHALL HAVE LEAVE TO FILE AND AMENDED COMPLAINT AS TO COUNT V WITHIN FOURTEEN (14) DAYS; THE CAPTION OF THIS CASE SHALL BE AMENDED SO AS TO REPLACE DEFENDANT "THE HOME DEPOT" WITH "HOME DEPOT U.S.A., INC.". SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/3/2009. 9/3/2009 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DANIEL DeFEBO, Plaintiff, v. ANDERSEN WINDOWS, INC., and HOME DEPOT U.S.A., INC., Defendant. : : : : : : : : : :

CIVIL ACTION No.09-2993

ORDER AND NOW, this 3rd day of September, 2009, upon consideration of Defendant Home Depot U.S.A., Inc.'s Motion to Dismiss Counts II and V (Doc. 3), it is hereby ORDERED that Defendant's Motion is GRANTED but that Plaintiff shall have leave to file an Amended Complaint as to Count V within fourteen (14) days. It is further ORDERED that the caption of this case shall be amended so as to replace Defendant "The Home Depot" with "Home Depot U.S.A., Inc."

BY THE COURT:

/s/ Michael M. Baylson Michael M. Baylson, U.S.D.J.

O :\C I V I L 09-10\09-2993 Defebo v. Andersen\Home Dept Mtd Order.wpd