ASBIE v. PADILLA ET AL

Filing 26

ORDER THAT DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO JOIN A REQUIRED PARTY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12 (b)(7) IS DENIED. DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12 (b)(6) IS GRANTED. THESE CLAIMS ARE DISMISSED WITH PREJUDICE. THE CLERK OF COURT IS INSTRUCTED TO TERMINATE THIS MATTER; ETC.. SIGNED BY DISTRICT JUDGE WENDY BEETLESTONE ON 7/2/24. 7/3/24 ENTERED AND E-MAILED.(JL)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JACQUELYN ASBIE, Plaintiff, CIVIL ACTION v. YUSLEIDYS PADILLA, YP TRANSPORT LLC, JOHN DOES 1-10, ABC CO. 1-10, Defendants. NO. 24-1637 ORDER AND NOW, this 2nd day of July, 2024, upon consideration of Defendants’ Motion to Dismiss (ECF No. 21), Plaintiff’s Revised Response in Opposition (ECF No. 23), and Defendants’ Reply (ECF No. 34), it is HEREBY ORDERED that: 1. Defendants’ Motion to Dismiss for Failure to Join a Required Party pursuant to Federal Rule of Civil Procedure 12(b)(7), is DENIED . 2. Defendants’ Motion to Dismiss for Failure to State a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6), is GRANTED. These claims are DISMISSED WITH PREJUDICE. The Clerk of Court is instructed to TERMINATE this matter. BY THE COURT: /s/Wendy Beetlestone, J. _______________________________ WENDY BEETLESTONE, J.

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