MCCAFFREY v. WINDSOR AT WINDERMERE LIMITED PARTNERSHIP et al

Filing 55

MEMORANDUM AND ORDER THAT DEFENDANT WINDSOR PROPERTY MANAGEMENT COMPANY'S (WPMC'S) MOTION TO STRIKE PLAINTIFF STEPFANIE MCCAFFREY'S NEW BRIEF IN OPPOSITION TO WPMC'S MOTION TO DISMISS, DKT.NO.43, IS GRANTED AND THE CLERK OF COURT SHALL STRIKE THE BRIEF PLAINTIFF FILED AT DOCKET NUMBER 41-1; WPMC'S MOTION TO RENEW ITS REPLY IN SUPPORT OF ITS MOTION TO DISMISS, DKT. NO.44, IS GRANTED; WPMC'S RENEWED MOTION TO DISMISS PLAINTIFF'S COMPLAINT, DKT.NO.36, IS DENIED; WPMC'S RENEWED MOTION TO STRIKE PLAINTIFF'S PRAECIPE TO ISSUE A SUMMONS, DKT. NO.37, IS DENIED; PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO RE-SERVE WPMC, DKT.NO.40, IS GRANTED. PLAINTIFF SHALL EFFECTUATE SERVICE ON WPMC IN ACCORDANCE WITH RULE 4 OF THE FRCP WITHIN FOURTEEN DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/15/17. 11/15/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEPFANIE MCCAFFREY
v.
WINDSOR AT WINDERMERE
LIMITED PARTNERSHIP, et al.

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CIVIL ACTION
NO. 17-460

ORDER
AND NOW, this 15th

day of November, 2017, it is ORDERED that, consistent with the

accompanying memorandum of law:
1.

Defendant Windsor Property Management Company’s (WPMC’s) motion to
strike plaintiff Stepfanie McCaffrey’s new brief in opposition to WPMC’s motion
to dismiss, Dkt. No. 43, is GRANTED and the Clerk of Court shall STRIKE the
brief plaintiff filed at docket number 41-1;

2.

WPMC’s motion to renew its reply in support of its motion to dismiss, Dkt. No.
44, is GRANTED;

3.

WPMC’s renewed motion to dismiss plaintiff’s complaint, Dkt. No. 36, is
DENIED 1;

4.

WPMC’s renewed motion to strike plaintiff’s praecipe to issue a summons, Dkt.
No. 37, is DENIED;

4.

Plaintiff’s motion for an extension of time to re-serve WPMC, Dkt. No. 40, is
GRANTED. Plaintiff shall effectuate service on WPMC in accordance with Rule
4 of the Federal Rules of Civil Procedure within fourteen days of the date of this
Order.

/s/ Gerald Austin McHugh
United States District Judge

1

In deciding WPMC’s motion to dismiss, the Court considered plaintiff’s
previously filed opposition and brief in opposition, Dkt. Nos. 16 and 18, and WPMC’s
previously filed reply, Dkt. No. 20, which was re-filed at docket number 44-1.