Lesko v. Old Dominion Freight Line et al

Filing 147

ORDER (Memorandum 146 filed previously as separate docket entry) DENYING moving defts' MTDs 81 & 82 & directing them to respond to amended complaint 36 in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/30/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CRISTINE D. LESKO, as
Administratrix of the Estate of
Kenneth James Lesko,
Plaintiff
v.
OLD DOMINION FREIGHT LINE,
et al.,
Defendants

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CIVIL ACTION NO. 1:18-CV-64
(Chief Judge Conner)

ORDER
AND NOW, this 30th day of November, 2018, upon consideration of the
motions (Docs. 81, 82) to dismiss the amended complaint by defendants U.S.
Xpress, Inc. and Daimler Trust (collectively, the “moving defendants”), and the
parties’ respective briefs in support of and opposition to said motion, and for the
reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1.

The moving defendants’ motions (Docs. 81, 82) to dismiss are DENIED.

2.

The moving defendants shall respond to plaintiff’s amended complaint
(Doc. 36) in accordance with the Federal Rules of Civil Procedure.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania