FEINGOLD v. GRAFF et al

Filing 22

MEMORANDUM AND ORDER THAT THE MOTION OF DEFENDANT MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.C. AND MICHELLE PUNTURI, ESQ. TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO RULE 12(B)(6) OF THE FRCP IS GRANTED. THE MOTION OF DEFENDANTS, PAM GRAF F, CHRISTOPHER WENK, GIANT FOOD STORES, LLC, AND MAC RISK MANAGEMENT, INC. TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FRCP 12(B)(6) IS GRANTED. THE MOTION TO DISMISS PURSUANT TO FRCP 12(B)(1) AN 12(B)(6) OF DEFENDANTS, MARC MANZIONE AND PENNSY LVANIA ORTHOPAEDIC ASSOCIATES, INC. IS GRANTED; AND PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THE CASE CLOSED. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/26/12. 6/26/12 ENTERED AND COPIES MAILED TO FEINGOLD, E-MAILED. MAILED TO UNREP. [FDC]

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALLEN L. FEINGOLD,
Plaintiff,
vs.
PAM GRAFF; ROBERT A. HARRIS;
MICHELLE PUNTURI; MARSHALL,
DENNEHEY, WARNER, COLEMAN
AND GOGGIN; MARC MANZIONE;
PENNSYLVANIA ORTHOPEDIC
ASSOCIATES, INC.; GIANT FOOD
STORES, LLC; CHRISTOPHER WENK;
and MAC RISK MANAGEMENT, INC.,
Defendants.

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CIVIL ACTION

NO. 12-1090

ORDER
AND NOW, this 26th day of June, 2012, upon consideration of the Motion of Defendant
Marshall, Dennehey, Warner, Coleman & Goggin, P.C. and Michelle Punturi, Esquire to Dismiss
Plaintiff’s Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
(Document No. 3, filed March 20, 2012), the Motion of Defendants, Pam Graff, Christopher
Wenk, Giant Food Stores, LLC, and MAC Risk Management, Inc., to Dismiss Plaintiff’s
Complaint Pursuant to FRCP 12(b)(6) (Document No. 6, filed March 21, 2012), the Motion to
Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) of Defendants, Marc Manzione and
Pennsylvania Orthopedic Associates, Inc. (Document No. 9, filed March 26, 2012), and the
related submissions of the parties, for the reasons set forth in the Memorandum dated June 26,
2012, IT IS ORDERED as follows:
1.

The Motion of Defendant Marshall, Dennehey, Warner, Coleman & Goggin, P.C.

and Michelle Punturi, Esquire to Dismiss Plaintiff’s Complaint Pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure is GRANTED;

2.

The Motion of Defendants, Pam Graff, Christopher Wenk, Giant Food Stores,

LLC, and MAC Risk Management, Inc., to Dismiss Plaintiff’s Complaint Pursuant to FRCP
12(b)(6) is GRANTED;
3.

The Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) of Defendants,

Marc Manzione and Pennsylvania Orthopedic Associates, Inc., is GRANTED; and
4.

Plaintiff’s Complaint is DISMISSED WITH PREJUDICE as to all defendants.

IT IS FURTHER ORDERED that the Clerk of Court shall MARK the case CLOSED.

BY THE COURT:

/s/ Hon. Jan E. DuBois
JAN E. DUBOIS, J.

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