Nichols v. Whitten et al

Filing 55

ORDER (Memorandum 54 filed previously as separate docket entry) GRANTING deft TLC's MTD 40 w/out prejudice, permitting pltf to file 2nd amended complaint w/in 30 days of date of this order to address deficiencies set forth in ct's memo & noting if pltf fails to comply w/ Para 2, amended complaint shall be dismissed w/ prejudice & Clrk of Ct will be directed to close case... ( See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/16/15. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LIESL NICHOLS, Plaintiff v. MARK WHITTEN, M.D.; WHITTENLASEREYE, LLC t/d/b/a TLC WHITTEN LASER EYE ASSOCIATES, LLC; and TLC VISION CENTERS, INC., Defendants : : : : : : : : : : : : : CIVIL ACTION NO. 1:15-CV-273 (Chief Judge Conner) ORDER AND NOW, this 16th day of December, 2015, upon consideration of the motion (Doc. 40) to dismiss filed by defendant TLC Vision Centers, Inc., and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. The motion (Doc. 40) to dismiss is GRANTED without prejudice. 2. Within thirty (30) days of the date of this order, plaintiff Liesl Nichols (“Nichols”) may file a second amended complaint to address the deficiencies set forth in the court’s memorandum. 3. If Nichols fails to comply with the preceding paragraph, the amended complaint shall be dismissed with prejudice and the Clerk of Court will be directed to close this case. Given the non-waivable nature of the statute of repose, such dismissal shall be with prejudice as to all defendants and all counts in the amended complaint. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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