NATIONAL MEDICAL IMAGING, LLC et al v. U.S. BANK, N.A. et al

Filing 34

ORDER THAT DEFENDANTS' MOTION TO DISMISS [DOCS. NO. 16, 17, AND 18] ARE GRANTED AS FOLLOWS: PLAINTIFFS' COMPLAINT IS DISMISSED WITHOUT PREJUDICE TO PLAINTIFFS' RIGHT TO PURSUE ALL CLAIMS RAISED IN THE COMPLAINT IN THEIR PENDING BANKRUP TCY COURT ACTIONS AND TO PLAINTIFFS' RIGHT TO MOVE TO WITHDRAW REFERENCE FROM THOSE PENDING BANKRUPTCY COURT ACTIONS. IT IS FURTHER ORDERED THAT DEFENDANTS' MOTION TO REFER ACTION TO BANKRUPTCY COURT 13 IS DISMISSED AS MOOT. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/30/15. 3/31/15 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
NATIONAL MEDICAL
:
IMAGING, LLC, et al.,
:
Plaintiffs,
:
:
CIVIL ACTION
v.
:
:
NO. 14-2974
U.S. BANK, N.A., et al.,
:
Defendants.
:
ORDER
AND NOW, this 30th day of March 2015, upon consideration of Defendants’ Motion to
Refer Action to Bankruptcy Court [Doc. No. 13], the Motion of Ashland Funding, LLC to
Dismiss Complaint [Doc. No. 16], DVI Defendants’ Motion to Dismiss Complaint [Doc. No.
17], and the Motion of Defendants U.S. Bank, N.A. and Jane Fox to Dismiss Complaint [Doc.
No. 18], and Plaintiffs’ responses thereto, and for the reasons stated in the accompanying
memorandum opinion, it is hereby ORDERED that Defendants’ motions to dismiss [Docs. No.
16, 17, and 18] are GRANTED as follows: Plaintiffs’ complaint is DISMISSED without
prejudice to Plaintiffs’ right to pursue all claims raised in the complaint in their pending
bankruptcy court actions and to Plaintiffs’ right to move to withdraw reference from those
pending bankruptcy court actions.
It is further ORDERED that Defendants’ Motion to Refer Action to Bankruptcy Court
[Doc. No. 13] is DISMISSED as moot. The Clerk of Court shall CLOSE this case.
It is so ORDERED.
BY THE COURT:

/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.