MADONNA v. FRANCISCO et al

Filing 36

ORDERED THAT DEFENDANT GREGORY FRANCISCO'S MOTION TO DISMISS (DOCKET NO. 31) IS GRANTED IN PART AND DENIED IN PART. DEFENDANT AVANUONE LLC'S MOTION TO DISMISS IS DENIED. PLAINTIFF MAY FILE AN AMENDED COMPLAINT NO LATER THAN 14 DAYS FROM TH DATE OF THIS ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/13/14. 3/13/14 ENTERED AND COPIES E-MAILED.(rab, )

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

CHRISTOPHER A. MADONNA,
Plaintiff,
v.
GREGORY J. FRANCISCO, et al.,
Defendants.

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CIVIL ACTION

No. 13-807

ORDER
AND NOW, this 13th day of March, 2014, upon consideration of Defendant Gregory
Francisco’s Motion to Dismiss (Docket No. 31), Plaintiff’s Opposition thereto (Docket No. 33),
Defendant Avanuone LLC’s Motion to Dismiss (Docket No. 32), Plaintiff’s Opposition thereto
(Docket No. 34), it is hereby ORDERED that:
1. Defendant Gregory Francisco’s Motion (Docket No. 31) is GRANTED in part and
DENIED in part. Count II of Plaintiff’s Second Amended Complaint is DISMISSED without
prejudice.
2. Defendant Avanuone LLC’s Motion (Docket No. 32) is DENIED.
3. Plaintiff Christopher Madonna may file an amended complaint no later than 14 days
from the date of this Order.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE
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