Frankenfield v. MicroBilt Corporation

Filing 16

ORDER - IT IS HEREBY ORDERED THAT:1) The Court adopts the Report and Recommendation of Magistrate Judge Carlson.2) The Defendants motion to dismiss (Doc. No. 5), is GRANTED in part, and DENIED in part. 3) Pursuant to Rule 12(b)(5), the Court finds th at proper service of process was not made, but in lieu of dismissal of this action, the flawed service of process is quashed and Plaintiff is directed to make proper service within 45 days of the date of this Order. 4) The Defendants motion to dismis s the attorneys fees claim in the complaint is DENIED.5) The motion to dismiss the prayer for injunctive relief is GRANTED, but the prayer for relief is dismissed without prejudice. The Plaintiff is instructed to properly serve either the original complaint or any amended complaint contained such a prayer for relief upon the Defendant with 45 days of the date of the Order. 5 15 Signed by Honorable Yvette Kane on 11/3/14. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARY BETH FRANKENFIELD
Plaintiff
v.
MICROBILT CORPORATION
Defendant

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CIVIL ACTION NO. 4:14-cv-1112
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
Before the court in the captioned action is a October 3, 2014 Report and
Recommendation of the Magistrate Judge. No timely objections have been filed.
Accordingly, upon review of the record and the applicable law, IT IS HEREBY
ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge
Carlson.
2) The Defendant’s motion to dismiss (Doc. No. 5), is GRANTED in part, and
DENIED in part.
3) Pursuant to Rule 12(b)(5), the Court finds that proper service of process was
not made, but in lieu of dismissal of this action, the flawed service of process is quashed
and Plaintiff is directed to make proper service within 45 days of the date of this Order.
4) The Defendant’s motion to dismiss the attorney’s fees claim in the complaint is
DENIED.
5) The motion to dismiss the prayer for injunctive relief is GRANTED, but the
prayer for relief is dismissed without prejudice to the Plaintiff endeavoring to articulate a

more clearly defined and legally defensible claim for injunctive relief in any amended
complaint. The Plaintiff is instructed to properly serve either the original complaint or
any amended complaint contained such a prayer for relief upon the Defendant with 45
days of the date of the Order.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania
Dated: November 3, 2014.