Gaffney v. United States Of America et al

Filing 23

ORDER upon consideration of Defendant United States of America's Motion to Dismiss, IT IS HEREBY ORDERED THAT: 1. The Motion (Doc. 13) is DENIED to the extent that it seeks dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), but is denied WITHOUT PREJUDICE to be resubmitted at an appropriate time. 2. Plaintiffs Complaint is DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND for failure to state aclaim under Federal Rule 12(b)(6). 3. Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order within which to submit an amended complaint that complies with the pleading standards set forth in the Court's Opinion.Signed by Honorable Robert D. Mariani on 3/26/15. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

FLORENCE GAFFNEY,

Plaintiff,

v.

3:14-CV·00643
(JUDGE MARIANI)

UNITED STATES OF AMERICA, et at,
Defendants.
.

AND NOW, THIS

ORDER

diJ~AY OF MARCH, 2015, upon consideration of

Defendant United States of America's Motion to Dismiss, IT IS HEREBY ORDERED THAT:
1. The Motion (Doc. 13) is DENIED to the extent that it seeks dismissal for lack of
subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), but is
denied WITHOUT PREJUDICE to be resubmitted at an appropriate time.
2. Plaintiffs Complaint is DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO

AMEND for failure to state a claim under Federal Rule 12(b)(6).
3. Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order within which
to submit an amended complaint that complies with the pleading standards set forth
in the Court's Opinion.