NUYANNES v. THOMPSON et al

Filing 46

ORDERED THAT DEFENDANTS' MOTIONS TO DISMISS COUNT I OF THE AMENDED COMPLAINT ARE DENIED. DEFENDANTS' MOTIONS TO DISMISS COUNTS II, III, AND IV OF THE AMENDED COMPLAINT ARE GRANTED WITHOUT PREJUDICE. PLAINTIFF SHALL HAVE 20 DAYS FROM THE DAT E OF THIS ORDER TO FILE A SECOND AMENDED COMPLAINT CORRECTING ANY OF THE PLEADING DEFICIENCIES IDENTIFIED IN THE COURT'S ACCOMPANYING MEMORANDUM OPINION. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/27/2012. 3/28/2012 ENTERED AND COPIES MAILED TO PRO SE DEFENDANT AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DAVID NUYANNES,
Plaintiff,
v.
NICHOLE THOMPSON, ESQUIRE, :
SCOTT GALLOWAY, ESQUIRE; and
JOHN DOES 1-10,
Defendants.

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CIVIL ACTION

NO. 11-2029

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ORDER
AND NOW, this 27th day of March, 2012, upon consideration of Defendant Scott Galloway,
Esquire’s Motion to Dismiss (Docket No. 40), Defendant Nichole Thompson, Esquire’s Motion to
Dismiss (Docket No. 41), and Plaintiff Nuyannes’s Consolidated Response to both Motions (Docket
No. 44), it is hereby ORDERED as follows:
1.

Defendants’ Motions to Dismiss Count I of the Amended Complaint are DENIED;

2.

Defendants’ Motions to Dismiss Counts II, III, and IV of the Amended Complaint are
GRANTED WITHOUT PREJUDICE;

3.

Plaintiff shall have twenty (20) days from the date of this Order to file a Second
Amended Complaint correcting any of the pleading deficiencies identified in the
Court’s accompanying Memorandum Opinion. Plaintiff’s failure or inability to correct
such errors shall, upon proper motion by Defendants, result in dismissal of any stilldeficient claims.

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.