TORRES v. GEICO INSURANCE COMPANY
MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS (#4) IS GRANTED AND THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/27/14. 3/28/14 ENTERED & E-MAILED.(fdc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GEICO INSURANCE CO.,
AND NOW, this 27th day of March, 2014, upon consideration of defendant’s
motion to dismiss (Doc. No. 4) and any response thereto, it is hereby ORDERED that the
defendant’s motion is GRANTED and the complaint is DISMISSED without prejudice.1
BY THE COURT:
/s/Lawrence F. Stengel
LAWRENCE F. STENGEL, J.
Because the amended complaint is factually, not legally, deficient, a curative amendment would not necessarily be
futile. Phillips v. County of Allegheny, 515 F.3d 224, 245-46 (3d Cir. 2008). The plaintiff is therefore granted
leave to file an amended complaint within fourteen (14) days of this Memorandum and Order, if she can in good
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