FEKETE v. NATIONAL RAILROAD PASSENGER CORPORATION, ET. AL.

Filing 12

MEMORANDUM AND ORDER THAT THE MOTION TO DISMISS IS GRANTED. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT ON OR BEFORE 12/6/11. PLAINTIFF'S MOTION TO STRIKE CERTAIN AFFIRMATIVE DEFENSES IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/16/11. 11/16/11 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PAUL J. FEKETE

:
Plaintiff,
:
:
v.
:
:
NATIONAL RAILROAD PASSENGER :
CORP. a/k/a AMTRAK and
:
ROB’S TOWING & HAULING, INC.
:
Defendants.
:

CIVIL ACTION

No. 11-6570

ORDER
AND NOW, this 16h day of November, 2011, upon consideration of Defendant Rob’s
Towing & Hauling, Inc.’s Motion Pursuant to Federal Rule of Civil Procedure 12(b)(6),
Plaintiff’s response thereto, Amtrak’s response thereto, Rob’s Towing & Hauling, Inc.’s reply
thereon, and for the reasons stated in the Court’s Memorandum dated November 16, 2011, it is
hereby ORDERED that:
1.

The motion to dismiss (Document No. 3) is GRANTED.

2.

Plaintiff is granted leave to file an Amended Complaint on or before December 6,
2011.

3.

Plaintiff’s Motion to Strike Certain Affirmative Defenses (Document No. 7) is
DENIED.

BY THE COURT:

Berle M. Schiller, J.