DEMBROW v. GIOVANNETTI et al

Filing 16

MEMORANDUM ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. NO. 12 ) IS GRANTED WITHOUT PREJUDICE. DEMBROW MAY FILE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF THIS ORDER AS OUTLINED HEREIN. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 5/19/23. 5/19/23 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DANA LEE DEMBROW
v.
SYNCHRONY BANK

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CIVIL ACTION
No. 22-4982

ORDER
AND NOW, this 19th day of May, 2023, upon consideration of Defendant Synchrony
Bank’s Motion to Dismiss Plaintiff’s Amended Complaint (ECF No. 12), Plaintiff Dana Lee
Dembrow’s Response in Opposition, and Synchrony’s Reply Brief, and for the reasons stated in
the accompanying Memorandum, it is hereby ORDERED the Motion is GRANTED without
prejudice.
It is FURTHER ORDERED Dembrow may file a Second Amended Complaint within
thirty (30) days of this Order. Any such complaint shall (1) identify all defendants in the case, (2)
include all legal claims Dembrow wishes to assert, (3) state the factual basis for Dembrow’s claims
against each defendant, and (4) comport with the requirements of Federal Rules of Civil Procedure
8 and 10. The complaint shall not incorporate prior pleadings by reference. 1

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, C.J.

1

See, e.g., In re Morrison, 375 B.R. 179, 193 (W.D. Pa. Bankr. 2007) (“[A]n incorporation by
reference [must] . . . be done with a degree of specificity and clarity which would enable a
responding party to easily determine the nature and extent of the incorporation. Where use of this
tool fails in that regard, courts maintain the power to . . . require a restatement of the referenced
material.”).