LEBOON v. DS WATERS OF AMERICA, INC. et al

Filing 12

MEMORANDUM ORDER THAT DEFENDANTS' MOTION TO DISMISS IS DENIED AS MOOT. PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE AN AMENDED COMPLAINT WITHIN 21 DAYS OF THIS ORDER. IF PLAINTIFF CHOOSES TO FILE AN AMENDED COMPLAINT HE SHALL DO SO ON OR BEFORE 3/9/21. SIGNED BY HONORABLE CHAD F. KENNEY ON 2/16/21. 2/17/21 ENTERED AND COPIES E-MAILED.(amas, )

Case 2:20-cv-05268-CFK Document 12 Filed 02/16/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF PENNSYLVANIA
STEVEN LEBOON,
Plaintiff,
v.
DS WATERS OF AMERICA, INC.
and COLLECTION BUREAU
OF AMERICA, LTD.
Defendants.

:
CIVIL ACTION
:
:
:
:
:
:
:
NO. 20-5268
ORDER

AND NOW, this 16th day of February, 2021, having considered Defendants’ Motion to
Dismiss (ECF No. 8), Plaintiff’s response in opposition (ECF No. 9), and Defendants’ reply (ECF
No. 10), it is ORDERED Defendants’ Motion to Dismiss is DENIED as moot. It is FURTHER
ORDERED that Plaintiff’s Complaint (ECF No. 1) is hereby DISMISSED WITHOUT
PREJUDICE for want of subject-matter jurisdiction.
Plaintiff may file an amended complaint within 21 days of this Order. See Fed. R. Civ. Pro.
15(a)(2). Accordingly, if Plaintiff chooses to file an amended complaint, he shall do so on or before
March 9, 2021.

BY THE COURT
/s/ Chad F. Kenney
CHAD F. KENNEY, J.