HARTY v. KIMCO KML TRUST

Filing 11

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS DENIED. PLAINTIFF'S CONSENT MOTION FOR LEAVE TO AMEND COMPLAINT IS GRANTED. THE PROPOSED FIRST AMENDED COMPLAINT IS DEEMED FILED AS OF THE DATE OF THIS ORDER. PLAINTIFF SHALL SERVE THE AMENDED COMPLAINT ON DEFENDANTS ON OR BEFORE 8/4/2017. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/27/2017. 7/27/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OWEN HARTY
v.
KIMCO KML TRUST

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CIVIL ACTION
NO. 17-493

ORDER
AND NOW, this 27th day of July, 2017, it is ORDERED that, consistent with the
accompanying memorandum of law:
1.

defendant Kimco KML Trust’s motion to dismiss pursuant to Federal Rule of
Civil Procedure 4(m), Dkt. No. 2 is DENIED; and

2.

plaintiff Owen Harty’s consent motion for leave to amend complaint &
amendment of caption, Dkt. No. 9, is GRANTED. The proposed first amended
complaint attached to plaintiff’s motion at Docket Number 9-1 is deemed filed as
of the date of this Order. Plaintiff shall serve the amended complaint on
defendants on or before August 4, 2017.

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