MINIELLY v. ACME CRYOGENICS, INC. et al

Filing 15

ORDER THAT PLAINTIFF RICHARD MATTHEW MINIELLY'S FIRST MOTION TO REMAND TO STATE COURT IS DENIED. DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IS GRANTED. PLAINTIFF RICHARD MATTHEW MINIELLY IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT AS TO COUNT IV AND COUNT VII; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/28/16. 3/29/16 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICHARD MATTHEW MINIELLY
Plaintiff,
v.
ACME CRYOGENICS, INC., JOEL
HANSEN, TERRY BRUBAKER,
ROBERT MUIR, ROBERT AURITT,
And PETER LEONE,
Defendants.

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CIVIL ACTION

NO. 15-6164

ORDER
AND NOW, this 28th day of March 2016, it is hereby ORDERED as follows:
1.

Plaintiff Richard Matthew Minielly’s First Motion to Remand to State

Court (ECF 8) is DENIED.
2.

Defendants’ Motion to Dismiss for Failure to State a Claim (ECF 6) is

GRANTED. Counts I, II, III, IV, V, and VII are DISMISSED.
3.

Plaintiff Richard Matthew Minielly is GRANTED leave to file an

amended complaint as to Count IV and Count(s) VII.

BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J