Capel et al v. Capel

Filing 19

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendant's motion to dismiss is granted; Plaintiffs' Complaint is dismissed; within 7 days Plaintiffs may amend these claims. (see order for further/complete details) Signed by Honorable Matthew W. Brann on 11/14/18. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:18-CV-00918

HARRISON CAPEL,
BROOKE NORMAN,
and THE ESTATE OF THOMAS
DANIEL CAPEL,

(Judge Brann)

Plaintiffs.
v.
LAURA CAPEL,
Defendant.
ORDER
NOVEMBER 14, 2018
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that Defendant’s Motion to Dismiss, ECF No. 9, is
GRANTED, and Plaintiffs’ Complaint, ECF No. 1, is DISMISSED AS
FOLLOWS:
1.

All claims brought on behalf of the Estate of Thomas Daniel Capel are
DISMISSED WITH PREJUDICE.

2.

Count VII is DISMISSED WITH PREJUDICE.

3.

The claims brought by Harrison Capel and Brooke Norman in Counts I,
II, III, IV, V, VI, and IX are DISMISSED WITHOUT PREJUDICE.
Within seven (7) days of the date of this Order, Plaintiffs may amend

these claims to correct the deficiencies identified in the accompanying
Memorandum Opinion.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge