Frankenfield v. MicroBilt Corporation

Filing 39

ORDER - IT IS HEREBY ORDERED THAT: 1. The Court adopts the R&R of MJ Carlson. (Doc. No. 38); 2. Deft MicroBilt Corps First Motion to Dismiss for Lack of Jurisdiction (Doc. No. 32) is GRANTED; 3. Pltf Mary Beth Frankenfields amended complaint (Doc. No . 19) is DISMISSED WITHOUT PREJUDICE;4. Pltf may amend her complaint within thirty (30) days of the date of thisOrder to address the pleading deficiencies identified in MJCarlsons R&R with respect to standing; and 5. This matter is remanded to MJ Carlson for further proceedings. 19 32 38 Signed by Honorable Yvette Kane on 11/4/16. (sc)

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

MICROBILT CORPORATION, et al.,
Defendants

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No. 4:14-cv-1112
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
Before the Court in the above-captioned action is the October 3, 2016 Report and
Recommendation of Magistrate Judge Carlson. (Doc. No. 38.) No timely objections have been
filed. ACCORDINGLY, on this 4th day of November, 2016, upon independent 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
(Doc. No. 38);

2.

Defendant MicroBilt Corporation’s First Motion to Dismiss for Lack of
Jurisdiction (Doc. No. 32) is GRANTED;

3.

Plaintiff Mary Beth Frankenfield’s amended complaint (Doc. No. 19) is
DISMISSED WITHOUT PREJUDICE;

4.

Plaintiff may amend her complaint within thirty (30) days of the date of this
Order to address the pleading deficiencies identified in Magistrate Judge
Carlson’s Report and Recommendation with respect to standing; and

5.

This matter is remanded to Magistrate Judge Carlson for further proceedings.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania