Petit et al v. Penske Truck Leasing Corporation et al

Filing 137

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that the New Prime defendants' Motion to Dismiss is GRANTED. Pltf's are granted leave to amend their complt within 20 days. In the absence of a timely filed amended complaint, the Clerk of Court shall terminate dft New Prime, Inc and dft Kristyn Mitchell. Signed by Chief Judge Christopher C. Conner on 12/3/18. SEE MEMO AND ORDER FOR DETAILS. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL PETIT, KRISTINA
PETIT, GAYLE MARIE PETIT,
and EDWARD J. PETIT,
Plaintiffs
v.
PENSKE TRUCK LEASING
CORPORATION, et al.,
Defendants

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CIVIL ACTION NO. 1:18-CV-187
(Chief Judge Conner)

ORDER
AND NOW, this 3rd day of December, 2018, upon consideration of the motion
(Doc. 73) to dismiss the complaint by defendants New Prime, Inc. and Kristyn
Mitchell (collectively, the “New Prime 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 New Prime defendants’ motion (Doc. 73) to dismiss is GRANTED.

2.

Plaintiffs are granted leave to amend their pleading within twenty (20)
days of the date of this order. In the absence of a timely-filed amended
complaint, the Clerk of Court shall terminate defendant New Prime,
Inc. and defendant Kristyn Mitchell as parties to the above-captioned
action.

3.

All defendants shall respond to a timely-filed amended complaint 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