MONZO v. BAZOS
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
ANDREW BAZOS, M.D.
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?