TOSCANO v. NATIONAL AUTOMOBILE DEALERS ASSOCIATION et al

Filing 14

ORDER THE MOTION TO DISMISS (DOC. NO. 3 ) IS GRANTED AND THE COMPLAINT IS DISMISSED; THE PLAINTIFF SHALL HAVE A PERIOD OF FOURTEEN (14) DAYS TO FILE AN AMENDED COMPLAINT IF THE PLAINTIFF BELIEVES HE CAN REMEDY THE DEFICIENCIES NOTED IN THE ACCOMPANY ING MEMORANDUM OPINION; AND IF THE PLAINTIFF DOES NOT FILE AN AMENDED COMPLAINT WITHIN 14 DAYS AFTER THE DATE OF THIS ORDER, THE COURT WILL DIRECT THE CLERK OF COURT TO MARK THE CASE AS CLOSED WITHOUT ANY FURTHER NOTICE TO THE PARTIES. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/24/15. 3/24/15 ENTERED AND COPIES E-MAILED. (mas, )

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KENNETH R. TOSCANO,
Plaintiff,
v.
NATIONAL AUTOMOBILE DEALERS
ASSOCIATION d/b/a NATIONAL
AUTOMOBILE DEALERS INSURANCE
TRUST, and EVERCORE TRUST
COMPANY (as trustee for NATIONAL
AUTOMOBILE DEALERS INSURANCE
TRUST),
Defendants.

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CIVIL ACTION NO. 14-763

ORDER
AND NOW, this 24th day of March, 2015, after considering the motion to dismiss filed
by the defendants, National Automobile Dealers Association d/b/a National Automobile Dealers
Insurance Trust, and Evercore Trust Company (as trustee for National Automobile Dealers
Insurance Trust) (Doc. No. 3), the memorandum of law in response to the motion filed by the
plaintiff, Kenneth R. Toscano (Doc. No. 5), and the reply brief filed by the defendants (Doc. No.
8); and after reviewing the allegations in the complaint (Notice of Removal at Ex. A, Doc. No.
1); and for the reasons set forth in the accompanying memorandum opinion; accordingly, it is
hereby ORDERED as follows:
1.

The motion to dismiss (Doc. No. 3) is GRANTED and the complaint is

DISMISSED;
2.

The plaintiff shall have a period of fourteen (14) days to file an amended

complaint if the plaintiff believes he can remedy the deficiencies noted in the accompanying
memorandum opinion; and
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3.

If the plaintiff does not file an amended complaint within 14 days after the date of

this order, the court will direct the clerk of court to mark the case as closed without any further
notice to the parties.
BY THE COURT:

/s/ Edward G. Smith, J.
EDWARD G. SMITH, J.

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