Conservit, Inc. v. Deimler's Recycling, Inc. et al

Filing 20

ORDER (Memorandum 19 filed previously as separate docket entry) : It is hereby ORDERED that: 1. Defts' MTD 6 is GRANTED to extent is seeks dismissal of Ct III of complaint & DENIED in all other respects.; 2. Ct III of complaint 1 DISMISSED w/out prejudice & Conservit granted leave to amend Ct III to cure deficiencies id'd in accompanying memo w/in 14 days of date of this order w/ failure to file w/in that time to result in Ct III being dismissed w/ prejudice. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/23/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CONSERVIT, INC.,
Plaintiff
v.
DEIMLER’S RECYCLING, INC., and
GREG A. DEIMLER,
Defendants

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CIVIL ACTION NO. 1:14-CV-0296
(Chief Judge Conner)

ORDER
AND NOW, this 23rd day of September, 2014, upon consideration of the
motion (Doc. 6) of defendants Deimler’s Recycling, Inc., (“Deimler’s Recycling”),
and Greg A. Deimler (collectively “defendants”), to dismiss the complaint (Doc. 1) of
plaintiff Conservit, Inc., (“Conservit”), pursuant to Federal Rule of Civil Procedure
12(b)(6), and for the reasons set forth in the accompanying memorandum, it is
hereby ORDERED that:
1.

Defendants’ motion (Doc. 6) is GRANTED to the extent it seeks
dismissal of Count III of Conservit’s complaint. The motion (Doc. 6) is
DENIED in all other respects.

2.

Count III of Conservit’s complaint (Doc. 1) is DISMISSED without
prejudice. Conservit is GRANTED leave to amend Count III of its
complaint to cure the deficiencies identified in the accompanying
memorandum within fourteen (14) days of the date of this order. If
Conservit fails to file an amended pleading within that time, Count III
shall be dismissed with prejudice.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania