JENKS v. H&R BLOCK EASTERN ENTERPRISES, INC.

Filing 5

ORDER. For the reasons stated more fully in the Order filed herewith, Defendant's Motion to Dismiss (Doc. 3 ) is DENIED WITHOUT PREJUDICE. Signed by Judge Cathy Bissoon on 9/15/16. (jwr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JAMAL H. JENKS,

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Plaintiff,
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v.
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H&R BLOCK EASTERN ENTERPRISES, )
INC.,
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Defendant.
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Case No. 16-1388
Judge Cathy Bissoon

ORDER
Defendant H&R Block Eastern Enterprises, Inc.’s Motion to Dismiss (Doc. 3) is
DENIED WITHOUT PREJUDICE.
Given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if
the pleading defect is curable by amendment, IT IS FURTHER ORDERED that the parties are to
meet and confer prior to the filing of any renewed 12(b) motion to determine whether it can be
avoided. Any subsequent motion to dismiss must be accompanied by a certificate of the
Defendant, stating that it has made good faith efforts to confer with the Plaintiff to determine
whether the identified pleading deficiencies properly may be cured by amendment. Any motion
to dismiss that does not contain the required certification will be summarily denied.
IT IS SO ORDERED.

September 15, 2016

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

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