COTTINGHAM v. TUTOR PERINI BUILDING CORP.

Filing 22

ORDER THAT PLAINTIFF'S MOTION IS DENIED TO THE EXTENT HE SEEKS REMAND TO THE COURT OF COMMON PLEAS. PLAINTIFF'S MOTION IS GRANTED TO THE EXTENT HE SEEKS LEAVE TO AMEND HIS COMPLAINT AS OUTLINED HEREIN.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 10/19/2015. 10/19/2015 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CORY COTTINGHAM
v.
TUTOR PERINI BUILDING CORP.

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CIVIL ACTION
No. 14-2793

ORDER
AND NOW, this 19th day of October, 2015, upon consideration of plaintiff Cory
Cottingham’s motion for leave to file an amended complaint and to remand the instant matter to
the Court of Common Pleas for Philadelphia County (Dkt. No. 14), plaintiff’s supplemental
memorandum of law (Dkt. No. 17), defendant Tutor Perini Building Corp.’s opposition (Dkt.
No. 18), plaintiff’s reply (Dkt. No. 19) and defendant’s surreply (Dkt. No. 20), it is ORDERED
that:
1)

Plaintiff’s motion is DENIED the extent that he seeks remand to the Court of
Common Pleas for Philadelphia County; and

2)

Plaintiff’s motion is GRANTED to the extent that plaintiff seeks leave to amend
his complaint to add Keating Building Corporation as a defendant to this action.
The Clerk is directed to file plaintiff's second amended complaint (Dkt. No. 15-8)
of record and issue a summons as to Keating Building Corporation only.

It is further ORDERED that all current discovery deadlines shall be deferred until after
the second amended complaint has been served on Keating Building Corporation and defendants
file responsive pleadings when a new discovery schedule will be set by the Court.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.