Soles v. Zartman Construction, Inc. et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER REMANDING CASE and granting 8 Motion to Dismiss Party. Defendant Reich is DISMISSED as a Defendant without prejudice to the Plaintiff filing for leave to amend the complaint to add Defendant Reich as a Defendant in the event discovery reveals facts supporting a claim against him. This matter is REMANDED to Magistrate Judge Blewitt for all further pre-trial management. Signed by Honorable John E. Jones, III on 3/25/13. (pw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRIAN SOLES, on behalf of himself :
and those similarly situated,
:
Plaintiffs,
:
:
v.
:
:
ZARTMAN CONSTRUCTION,
:
INC., et al.,
:
Defendants.
:

4:13-cv-29
Hon. John E. Jones III

Hon. Thomas M. Blewitt

ORDER
March 25, 2013
1.

The Report and Recommendation of Magistrate Judge Blewitt (Doc.
9) is ADOPTED and Defendant Reich’s Motion to Dismiss (Doc. 8)
is GRANTED.1

2.

Defendant Reich is DISMISSED as a Defendant without prejudice to
the Plaintiff filing for leave to amend the complaint to add Defendant
Reich as a Defendant in the event discovery reveals facts supporting a
claim against him.

3.

This matter is REMANDED to Magistrate Judge Blewitt for all
further pre-trial management.

1

We note that the Plaintiff has affirmatively consented to the granting of Defendant
Reich’s Motion, but requests that Defendant Reich be dismissed without prejudice. (Doc. 10).

s/ John E. Jones III
John E. Jones III
United States District Judge

2