OLDCASTLE PRECAST, INC. v. RIDGEWOOD, INC. et al

Filing 28

MEMORANDUM AND ORDER THAT DEFENDANTS, VPMC, LTD., JOSEPH R. GAMBONE, AUDREY GAMBONE, GEORGE J. FALCONERO, SANDRA LEE GAMBONE, AND SHARON ANAPOSIKY'S (COLLECTIVELY, "DEFENDANTS"), RENEWED MOTION TO DISMISS (25) IS GRANTED IN PART AND DE NIED IN PART AS FOLLOWS: THE MOTION IS DENIED AS TO THE DISMISSAL OF THE ACTION; AND THE MOTION IS GRANTED AS TO DEFENDANTS' REQUEST THAT RIDGEWOOD, INC. ("RIDGEWOOD") AND GAMBONE DEVELOPMENT COMPANY ("GDC") BE DETERMINED TO BE "INDISPENSABLE" PARTIES UNDER RULE 19 OF THE FRCP. IT IS FURTHER ORDERED THAT, WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER, OLDCASTLE SHALL FILE AN AMENDED COMPLAINT ADDING RIDGEWOOD AND GDC AS DEFENDANTS IN THIS ACTION. SIGNED BY HONORABLE ROBERT F. KELLY ON 9/13/13. 9/13/13 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
:
OLDCASTLE PRECAST, INC.,
:
:
Plaintiff,
:
CIVIL ACTION
:
v.
:
:
No. 12-6270
VPMC, LTD,
:
JOSEPH R. GAMBONE, JR.,
:
MICHAEL A. GAMBONE,
:
AUDREY GAMBONE, co-executor of the :
ESTATE OF ANTHONY R. GAMBONE, :
SR., MICHAEL A. GAMBONE,
:
co-executor of the ESTATE OF
:
ANTHONY R. GAMBONE, SR.,
:
GEORGE J. FALCONERO, co-executor
:
of the ESTATE OF ANTHONY
:
GAMBONE, SR., SANDRA LEE
:
GAMBONE, co-executor of the ESTATE :
OF ANTHONY GAMBONE, SR., and
:
SHARON ANAPOSIKY, co-executor of
:
the ESTATE OF JOHN GAMBONE, SR., :
:
Defendants. :
____________________________________:
ORDER
AND NOW, this 13th

day of September, 2013, upon consideration of Defendants,

VPMC, Ltd., Joseph R. Gambone, Jr., Michael A. Gambone, Audrey Gambone, George J.
Falconero, Sandra Lee Gambone, and Sharon Anaposiky’s (collectively, “Defendants”),
Renewed Motion to Dismiss (Doc. No. 25), and Plaintiff, Oldcastle Precast, Inc.’s (“Oldcastle”),
Response, it is hereby ORDERED that said Motion is GRANTED in part and DENIED in part
as follows:
1. The Motion is DENIED as to the dismissal of the action; and
2. The Motion is GRANTED as to Defendants’ request that Ridgewood, Inc.

(“Ridgewood”) and Gambone Development Company (“GDC”) be determined to be
“indispensable” parties under Rule 19 of the Federal Rules of Civil Procedure.
It is FURTHER ORDERED that, within fourteen (14) days from the date of this Order,
Oldcastle shall file an Amended Complaint adding Ridgewood and GDC as Defendants in this
action.
BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

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