Troxler v. Capital One Bank (USA), N.A.

Filing 13

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that: Defendant Capital One Bank (USA), N.A.'s 9 Motion to Dismiss is GRANTED in its Entirety; Plaintiff Richard Troxler is granted leave to amend his breach of contract claim within twenty-one (21) days of this Memorandum Opinion in accordance with the outlined deficiencies. If no amended complaint is filed by that date, the action will be summarily dismissed pursuant to Fed. R. Civ. P. 41(b). Signed by Honorable Matthew W. Brann on 9/21/2017. (jn)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICHARD TROXLER, : : Plaintiff, : : v. : : CAPITAL ONE BANK (USA), N.A., : : Defendant. : No. 4:16-CV-02554 (Judge Brann) ORDER AND NOW, this 21st day of September 2017, IT IS HEREBY ORDERED that: 1. Defendant Capital One Bank (USA), N.A.’s Motion to Dismiss (ECF No. 9) is GRANTED in its Entirety; 2. Plaintiff Richard Troxler is granted leave to amend his breach of contract claim within twenty one (21) days of this Memorandum Opinion in accordance with the outlined deficiencies. If no amended complaint is filed by that date, the action will be summarily dismissed pursuant to Fed. R. Civ. P. 41(b). BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge

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