ANTELL v. FIRST NIAGRA BANK et al

Filing 42

MEMORANDUM AND ORDER THAT THE MOTION FOR LEAVE TO FILE THE SECOND AMENDED COMPLAINT (DOC. NO.33) IS DENIED AS MOOT; THE MOTION FOR LEAVE TO FILE THE REVISED SECOND AMENDED COMPLAINT (DOC. NO.36) IS DENIED AS FUTILE; THE AMENDED COMPLAINT (DOC. NO.28) IS DISMISSED WITH PREJUDICE, EXCEPT WITH RESPECT TO PLAINTIFF'S CLAIMS FOR A PRELIMINARY INJUNCTION AND DECLARATORY JUDGMENT, WHICH ARE DISMISSED WITHOUT PREJUDICE, ETC. THE CASE REMAINS CLOSED.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/7/2014. 4/8/2014 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED. (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
CHARLES ANTELL,
:
Plaintiff,
:
:
CIVIL ACTION
v.
:
:
NO. 13-1482
FIRST NIAGARA BANK, et al.,
:
Defendant.
:
ORDER
AND NOW, this 7th day of April 2014, upon consideration of Defendants’ Motions to
Dismiss Plaintiff’s Amended Complaint (Doc. Nos. 29 & 30), Plaintiff’s Motion for leave to file
a Second Amended Complaint (Doc. No. 33), his Motion for leave to file a Revised Second
Amended Complaint (Doc. No. 36), and Defendants’ responses thereto, and for the reasons
stated in the accompanying Memorandum Opinion, it is hereby ORDERED that:
1.
The Motion for leave to file the Second Amended Complaint (Doc. No. 33) is
DENIED as moot;
2.
The Motion for leave to file the Revised Second Amended Complaint (Doc. No.
36) is DENIED as futile;
3.
The Amended Complaint (Doc. no. 28) is DISMISSED with prejudice, except
with respect to Plaintiff’s claims for a preliminary injunction and declaratory judgment, which
are DISMISSED without prejudice to Plaintiff’s right to seek such relief or assert related legal
theories as defenses in an appropriate court if the dispute ripens;
4.

The case remains CLOSED.

IT IS SO ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
______________________
CYNTHIA M. RUFE, J.