CLAYBOURNE v. HM INSURANCE GROUP

Filing 19

MEMORANDUM ORDER granting 12 Motion to Dismiss or to Strike as to Motion to Strike; the complaint is STRICKEN. Further that plaintiff may file a complaint in compliance with Report and Recommendation and this Order within 20 days. Further adopting 17 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 3/26/15. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ANDREA CLAYBOURNE,
Plaintiff,
V.

HM INSURANCE GROUP,
Defendant.

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2: 14cv1412
Electronic Mail
Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan

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ORDER ON MOTION TO DISMISS OR, IN THE ALTERNATIVE,
MOTION TO STRIKE

The 554 paragraph Complaint in the above captioned Section 1981 lawsuit was filed
through counsel and received by the Clerk of Court on October 17, 2014. It was referred to
United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with
the Magistrate Judges Act, 28 U.S.C. §636(b)(l), and Local Rules of Court 72.C and 72.D.
The March 3, 2014 Report and Recommendation ("Report") (ECF No. 17)
recommended that the Defendant's December 15,2013 Motion to Dismiss or to Strike
Plaintiffs Complaint (ECF No. 12) be granted as a Motion to Strike and Plaintiffs ninety-seven
(97) page, five-hundred-fifty-four (554) paragraph Complaint (ECF No. 1) alleging "racial
discrimination in violation of 42 U.S.C. Section 1981 and other applicable federal and state law"
be stricken. It further recommended that Plaintiff be given leave to file a Complaint in
compliance with both (a) Rule 8 ofthe Federal Rules of Civil Procedure, and (b) Thompson v.
Real Estate Mortg. Network, 748 F.3d 142, 147 (3d Cir. 2014) within twenty (20) days from the
date of an Order adopting the Report.

Service was made on all counsel of record. The parties were informed that in accordance
with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l)(B) and (C), and Rule 72.D.2 ofthe Local
Rules of Court, that they had fourteen (14) days to file any objections. No objections have been
filed, Plaintiff filed a March 17,2015 Notice ofNo Objection (ECF No. 18), and the time for
objection has now expired.
Accordingly, after review of the pleadings and documents in the case, including the
Report and Recommendation, the following Order is entered:

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AND NOW, this

L

day ofMarch, 2015,

IT IS HEREBY ORDERED that the Motion to Dismiss or to Strike (ECF No. 12) filed

by Defendant is GRANTED as a Motion to Strike, and the Complaint stricken.
IT IS FURTHER ORDERED that Plaintiff may, should she wish to proceed, file a

Complaint in compliance with the Report and this Order, as set forth above, within twenty (20)
days from the date hereof.
IT IS FURTHER ORDERED that the March 3, 2014 Report and Recommendation of

Magistrate Judge Lenihan is adopted as the Opinion of the Court.

David Stewart Cercone
United States District Judge
cc:

Magistrate Judge Lisa Pupo Lenihan
Timothy M. Kolman, Esquire
W. Charles Sipio, Esquire
Craig W. Snethen, Esquire
Jeffrey R. Wilson, Esquire
(Via CMIECF Electronic Mail)
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