SMITH v. PNC BANK et al

Filing 23

ORDER adopting 20 Report and Recommendation as the opinion of the Court and granting in part and denying in part 10 Motion to Dismiss Certain Claims under Fed. R. Civ. 12(b)(6); Motion is granted without prejudice as to Count III, granted as to Count IV, and denied in all other respects. Signed by Chief Judge Gary L. Lancaster on 7/8/11. (map)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

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BRENDA SMITH,
Plaintiff,

v.
PNC BANK, et al.,
Defendants.

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AND NOW,

thiS~Y of

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Civil Action No.1 0-1680

D

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2011, after the defendants filed a motion to

dismiss certain claims in the amended complaint, and after a Report and Recommendation was
issued by the United States Magistrate Judge, and the parties were accorded fourteen days to file
written objections thereto, and upon consideration of the objections filed by plaintiff, as well as
the defendants' response to those objections, and after independent review of the record, and
upon consideration of the Report and Recommendation ofthe Magistrate Judge, which is
adopted and incorporated as the opinion of this Court,
IT IS ORDERED that the defendants' motion to dismiss certain claims in the amended
complaint (Document No. 10) is granted without pre'
IV, and denied in all other respects,

ice as to Count III, ranted as to Count