National Specialty Insurance Company et al v. Tunkhannock Auto Mart, Inc.

Filing 23

ORDER denying as moot 7 Motion to Dismiss; granting 11 Amended Motion to Dismiss. Plaintiffs' Complaint (Doc. 1) is DISMISSED without prejudice. Plaintiffs may file an amended complaint consistent with the accompanying opinion within 14 days. If Plaintiffs fail to file an amended complaint with 14 days, case will be DISMISSED. Amended Pleading due by 3/3/2017.Signed by Honorable A. Richard Caputo on 2//17/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NATIONAL SPECIALTY INSURANCE
COMPANY, GEMINI INSURANCE
COMPANY, JWB LOGISTICS CORP.,
TMD LOGISTICS CORP., and T.B.
CHOYA EXPRESS, INC.

CIVIL ACTION NO. 3:16-CV-00268
(JUDGE CAPUTO)

Plaintiffs,
v.
TUNKHANNOCK AUTO MART, INC.,
Defendant.
ORDER
NOW, this 17th day of February, 2017, IT IS HEREBY ORDERED that:
(1)

The Amended Motion to Dismiss filed by Defendant Tunkhannock Auto
Mart, Inc. (Doc. 11) is GRANTED. Plaintiffs’ Complaint (Doc. 1) is
DISMISSED without prejudice.

(2)

Defendant’s first-filed Motion to Dismiss (Doc. 7) is denied as moot.

(3)

Plaintiffs may file an amended complaint consistent with the accompanying
opinion within fourteen (14) days from the date of entry of this Order. If
Plaintiffs fail to file an amended complaint within fourteen (14) days of this
Order, the case will be dismissed.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge