D'AMICO v. MOGEL, SPEIDEL , BOBB & KERSHNER et al

Filing 13

ORDER THAT DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT, ECF NO. 10, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. ALTHOUGH PLAINTIFF IS NOT REQUIRED TO IDENTIFY HER MEDICAL IMPAIRMENT, SHE HAS FAILED TO PLEAD SUFFICIENT FACTS REGARDING HER ALLEGED DISABILITY, AND DEFENDANTS' REQUEST TO DISMISS THE AMENDED COMPLAINT FOR THIS REASON IS GRANTED.B. DEFENDANTS' REQUEST TO DISMISS THE AMENDED COMPLAINT ON THE BASIS OF AN ALLEGED LACK OF CAUSAL CONNECTION IS DENIED. THE AMENDED COMPLAINT, ECF NO. 8, IS DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT ON OR BEFORE FRIDAY, OCTOBER 28, 2016. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 10/11/16. 10/11/16 ENTERED AND COPIES E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
___________________________________________
MARGARET D’AMICO,
Plaintiff,

:
:
:
v.
:
:
MOGEL, SPEIDEL, BOBB & KERSHNER,
:
FREDERICK R. MOGEL, STEPHEN H. PRICE, :
SEAN J. O’BRIEN, and MARK E. ZIMMER,
:
Defendants.
:
___________________________________________

No. 5:16-cv-2811

ORDER
AND NOW, this 11th day of October, 2016, for the reasons set forth in the Memorandum
issued this date, IT IS HEREBY OERDERED THAT:
1.
Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint, ECF No. 10, is
GRANTED in part and DENIED in part as follows:
A.
Although Plaintiff is not required to identify her medical impairment, she
has failed to plead sufficient facts regarding her alleged disability, and Defendants’
request to dismiss the Amended Complaint for this reason is granted;
B.
Defendants’ request to dismiss the Amended Complaint on the basis of an
alleged lack of causal connection is denied;
2.

The Amended Complaint, ECF No. 8, is DISMISSED without prejudice; and

3.
28, 2016.

Plaintiff may file a Second Amended Complaint on or before Friday, October

BY THE COURT:

/s/ Joseph F. Leeson, Jr.___________
JOSEPH F. LEESON, JR.
United States District Judge