Austin v. Nugent

Filing 21

ORDER (memorandum filed previously as separate docket entry)The plaintiffs motion to remand, (Doc. 9), is DENIED;The defendant is GRANTED LEAVE to amend her notice of removal, (Doc. 1), on or before December 19, 2016, with a reminder that failure to amend will result in remand; etc. (See order for details). Signed by Honorable Malachy E Mannion on 12/5/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DAVID AUSTIN,
Plaintiff

:
:
CIVIL ACTION NO. 3:16-1567
:

v.
:

(JUDGE MANNION)

CHRISTINE NUGENT,
:
Defendant
ORDER
For the reasons stated in the court’s memorandum issued this same
day, IT IS HEREBY ORDERED THAT:

1.

The plaintiff’s motion to remand, (Doc. 9), is DENIED;

2.

The defendant is GRANTED LEAVE to amend her notice of
removal, (Doc. 1), on or before December 19, 2016, with a
reminder that failure to amend will result in remand;

3.

The plaintiff’s motion to rescind and reconsider its August 5, 2016
Order, (Doc. 8), is GRANTED IN PART and DENIED IN PART;

4.

The courts August 5, 2016 Order is VACATED and
SUBSTITUTED with this Order;

5.

The plaintiff’s motion for entry of default, (Doc. 5), is DENIED and
the Clerk shall not enter default;

6.

The plaintiff’s request to strike the defendant’s motion to dismiss
as untimely is DENIED;

7.

The defendant’s motion to dismiss, (Doc. 6), is DENIED; and

8.

The plaintiff’s motion to stay proceedings, (Doc. 11), and his letter
to the court requesting a conference, (Doc. 18), is DENIED as
moot.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: December 5, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-1567-01-order.wpd

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