TOSCANO v. NATIONAL AUTOMOBILE DEALERS ASSOCIATION et al

Filing 29

ORDER AS FOLLOWS: 1. THE MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. NO. 25) IS GRANTED AND THE COMPLAINT IS DISMISSED WITH PREJUDICE; AND THE CLERK OF COURT IS DIRECTED TO MARK THE CASE AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/24/2015. 8/24/2015 ENTERED AND COPIES E-MAILED.(lbs, )

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 August, 2015, after considering the motion to dismiss the
amended complaint 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. 25), the memorandum of law in
response to the motion filed by the plaintiff, Kenneth R. Toscano (Doc. No. 26), and the reply
brief filed by the defendants (Doc. No. 27); and after reviewing the allegations in the amended
complaint and the documents attached thereto (Doc. No. 24); and for the reasons set forth in the
accompanying memorandum opinion; accordingly, it is hereby ORDERED as follows:
1.

The motion to dismiss the amended complaint (Doc. No. 25) is GRANTED and

the complaint is DISMISSED with prejudice; and

2.

The clerk of court is directed to mark the case as CLOSED.

BY THE COURT:

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

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