FILBY v. FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR FIRST CORNERSTONE BANK

Filing 7

OPINION/ORDER THAT PLAINTIFF'S APPLICATION TO DISMISS (DOC. NO. 2) IS GRANTED IN PART AND DENIED IN PART. THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/27/16. 10/27/16 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
FIRST CORNERSTONE BANK,
Plaintiff,
v.
EDWARD FILBY,
Defendant.

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CIVIL ACTION NO. 16-4518

ORDER
AND NOW, this 27th day of October, 2016, after considering the application to dismiss
this action filed by the plaintiff, Federal Deposit Insurance Corporation as Receiver for First
Cornerstone Bank (Doc. No. 2); and the pro se defendant, Edward Filby, having failed to file a
response to the application to dismiss; and after reviewing the notice of removal and the
documents attached thereto (Doc. No. 1); and after hearing oral argument from the defendant and
counsel for the plaintiff on September 19, 2016; and for the reasons set forth in the separatelyfiled memorandum opinion, it is hereby ORDERED as follows:
1.

The plaintiff’s application to dismiss (Doc. No. 2) is GRANTED IN PART and

DENIED IN PART as follows:
a.

The application to dismiss is GRANTED with respect to the defendant’s

counterclaims and those counterclaims are DISMISSED WITHOUT PREJUDICE; and
b.

The application to dismiss is DENIED with respect to the plaintiff’s

ejectment action;
2.

Pursuant to the Third Circuit Court of Appeals’ procedure for cases removed

following an entry of judgment by a state court, the court adopts the Court of Common Pleas of

Chester County’s February 10, 2016 order in the ejectment action, which (1) GRANTED
summary judgment in favor of the plaintiff and against the defendant, and (2) provided the
plaintiff with exclusive possession of the premises at issue; and
3.

The clerk of the court shall mark this matter as CLOSED.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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