MUTHARD v. PENNSYLVANIA LIQUOR CONTROL BOARD et al

Filing 15

ORDER YINGLING'S MOTION TO DISMISS, ECF NO. 10, IS GRANTED. COUNT IV OF THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/6/24. 2/6/24 ENTERED AND COPIES E-MAILED.(er)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
NICOLE MUTHARD,
Plaintiff,

:
:
:
v.
:
:
PENNSYLVANIA LIQUOR CONTROL :
BOARD, SEAN YINGLING, Individually, :
and JOSEPH PUHALLA, in his Official
:
Capacity,
:
Defendants.
:
_____________________________________

No. 5:23-cv-3387

ORDER
AND NOW, this 6th day of February, 2024, upon consideration of Defendant Sean
Yingling’s partial Motion to Dismiss, ECF No. 10, Plaintiff Muthard’s response in opposition,
ECF No. 12, and Yingling’s reply, ECF No. 13, and for the reasons set forth in the Opinion issued
this date, IT IS ORDERED THAT:
1.

Yingling’s Motion to Dismiss, ECF No. 10, is GRANTED;

2.

Count IV of the Complaint is DISMISSED WITHOUT PREJUDICE; and

3.

Muthard is granted leave to amend her Complaint to renew the dismissed claim,

and if she chooses to do so, the amended complaint must be filed no later than February 20, 2024.
Failure to timely file an amended complaint will result in dismissal of this claim and Defendant
Yingling with prejudice and without further notice.
BY THE COURT:

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