Schneider National Carriers, Inc. et al v. Syed et al

Filing 51

ORDER (memorandum filed previously as separate docket entry- IT IS ORDERED THAT:1. Defendant Barbushs motion for judgment on the pleadings (Docs. No. 42), is GRANTED; 2. Plaintiffs negligent entrustment claim asserted at Count III of the complaint (D oc. No. 1), against Defendant Barbush is DISMISSED WITHOUT PREJUDICE to the Plaintiffs filing of an amended complaint, within thirty (30) days of the date of this Order, that alleges sufficient facts from which a reasonable jury could plausibly concl ude that Defendant Barbush knew or should have known that Defendant Arsalan Syed or Defendant Waqas Qureshi intended or was likely to use the entrusted automobile in a way that would create an unreasonable risk of harm to others; and 3. The Clerk of Court is directed to correct the docket by replacing the designation for Defendant Waqas Quereshi a/k/a Waqas Syed with the designation of Waqas Qureshi. Signed by Honorable Yvette Kane on 1/14/2019. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SCHNEIDER NATIONAL CARRIERS,
INC., et al.,
Plaintiffs
v.
ARSALAN SYED, et al.,
Defendants

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No. 1:17-cv-02383
(Judge Kane)

ORDER
AND NOW, on this 14th day of January 2019, upon consideration of Defendant Barbush
Rentals, LLC (“Defendant Barbush”)’s motion for judgment on the pleadings (Doc. No. 42), and
in accordance with the Memorandum entered concurrently with this Order, IT IS ORDERED
THAT:
1. Defendant Barbush’s motion for judgment on the pleadings (Docs. No. 42), is
GRANTED;
2. Plaintiffs’ negligent entrustment claim asserted at Count III of the complaint (Doc. No.
1), against Defendant Barbush is DISMISSED WITHOUT PREJUDICE to the
Plaintiffs’ filing of an amended complaint, within thirty (30) days of the date of this
Order, that alleges sufficient facts from which a reasonable jury could plausibly conclude
that Defendant Barbush knew or should have known that Defendant Arsalan Syed or
Defendant Waqas Qureshi intended or was likely to use the entrusted automobile in a
way that would create an unreasonable risk of harm to others; and
3. The Clerk of Court is directed to correct the docket by replacing the designation for
Defendant “Waqas Quereshi a/k/a Waqas Syed” with the designation of “Waqas
Qureshi.”

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania