Lane v. Benoit et al

Filing 52

ORDER (memorandum filed previously as separate docket entry), DENYING 29 MOTION TO DISMISS and DEEMING as WITHDRAWN 44 MOTION for Default Judgment Signed by Honorable James M. Munley on 3/22/18. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMES T. LANE,

:
:
Plaintiff
:
:
v.
:
:
HSA DAVID BENOIT, et al.,
:
:
Defendants :

CIVIL ACTION NO. 3:17-cv-0070
(Judge Munley)

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ORDER
AND NOW, to wit, this 22nd day of March 2018, upon consideration of
Defendants’ Motion (Doc. 29) to Dismiss pursuant to Federal Rule of Civil 12(b)(6), and
for the reasons set forth in the Court’s Memorandum of the same date, it is hereby
ORDERED that:
1.

Defendants’ motion (Doc. 29) to dismiss is DENIED.

2.

Defendants shall file an Answer or appropriate pretrial motion within the
time period dictated by the Federal Rules of Civil Procedure.

3.

Plaintiff’s motion (Doc. 44) for default judgment is DEEMED withdrawn
for failure to file a supporting brief. See L.R. 7/5.
BY THE COURT:
s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court