MONZO v. BAZOS

Filing 13

ORDER THAT DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A DERIVATE ACTION UNDER FED.R.CIV.PROC.23.1 IS ACCORDINGLY DISMISSED AS MOOT AND THE REMINDER OF DEFENDANT'S MOTION TO DISMISS IS DENIED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 10/26/17. 10/27/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CARL MONZO, individually and on behalf of
CROWDRX, INC.
Plaintiffs,
v.
ANDREW BAZOS, M.D.
Defendant.

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CIVIL ACTION
No. 17-01401

ORDER

This 26th day of October, 2017, it is hereby ORDERED that Plaintiff is granted leave to
amend the caption to reflect that this is a direct and not a derivative action. Defendant’s Motion
to Dismiss for failure to state a derivative action under Fed. R. Civ. Proc. 23.1 is accordingly
DISMISSED as MOOT.
The remainder of Defendant’s Motion to Dismiss is DENIED.

/s/ Gerald Austin McHugh
United States District Judge