SCIOLI TURCO, INC. et al v. PHILADELPHIA & READING RAILROAD CO et al

Filing 31

ORDER THAT THE RESPONDENTS MOTION IS GRANTED. ACCORDINGLY, PLAINTIFFS COMPLAINT IS DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 11/14/23. 11/14/23 ENTERED AND COPIES E-MAILED.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SCIOLI TURCO, INC. and
915 SPRING GARDEN ASSOCIATES LP,
v.
PHILADELPHIA & READING RAILROAD
CO. and READING INTERNATIONAL, INC.

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CIVIL ACTION
NO. 21-563

ORDER
AND NOW, this 14th day of November, 2023, upon consideration of Respondents’ Motion
to Dismiss (ECF No. 13), and all documents submitted in support thereof and in opposition thereto,
and in light of this Court’s April 20, 2023, Order that the Motion will be treated as a Motion for
Summary Judgment under Rule 56, it is ORDERED that the Respondents’ Motion is GRANTED.
Accordingly, Plaintiffs’ Complaint is DISMISSED without prejudice. 1
IT IS SO ORDERED.
BY THE COURT:
/s/ R. Barclay Surrick
R. Barclay Surrick, J.

1

Plaintiffs may refile their action in this Court or the Court of Common Pleas of Philadelphia
County upon the Surface Transportation Board’s approval of the abandonment of the 9th Street
Branch.