KENNEDY v. EQUIFAX, INC. et al
| EDWARD T. KENNEDY |
| EQUIFAX, INC., RICHARD F. SMITH, AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA and BARBARA LOPEZ |
| 5:2018cv00214 |
| January 16, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Lehigh |
| JEFFREY L. SCHMEHL |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Plaintiff |
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Filing
73
ORDER THAT PLAINTIFFS MOTION FOR RECUSAL (DOCKET NO. 64 ) IS DENIED; THE MOTION TO DISMISS OF DEFENDANT, RICHARD SMITH (DOCKET NO. 25 ) IS GRANTED; THE MOTION TO DISMISS OF DEFENDANT EQUIFAX, INC., (DOCKET NO. 26 ) IS GRANTED; THE MOTION TO DISMIS S OF DEFENDANT, AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA (DOCKET NO. 57 ), IS GRANTED; THE MOTION TO DISMISS OF DEFENDANT, BARBARA LOPEZ (DOCKET NO. 58 ) IS GRANTED; THE MOTION TO DISMISS OF DEFENDANT, STEVEN CRAIG LEMASTERS (DOCKET NO. 59 ), IS GRANTED; PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 65 ) IS DENIED; THE AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE; AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/27/19. 3/27/19 ENTERED AND COPIES E-MAILED.(mas, )
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Filing
3
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE, PURSUANT TO RULE 8 OF THE FEDERAL RULES OF CIVIL PROCEDURE AND 28 U.S.C. § 1915(E)(2)(B)(II), IN ACCORDANCE WITH THE COURTS MEMORANDUM. MR. K ENNEDY IS GIVEN LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER IN THE EVENT THAT HE CAN STATE A PLAUSIBLE CLAIM THAT CURES THE DEFECTS NOTED IN THE COURTS MEMORANDUM. IF MR. KENNEDY FILES AN AMENDED COMPLAINT, HE SHOULD IDENTIFY ALL OF THE DEFENDANTS IN THE CAPTION IN ADDITION TO THE BODY, AND SHALL DESCRIBE IN DETAIL THE FACTUAL BASIS FOR HIS CLAIMS AGAINST EACH DEFENDANT. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK OF COURT SHALL NOT MAKE SERVICE UN TIL SO ORDERED BY THE COURT. THE CLERK OF COURT SHALL FURNISH MR. KENNEDY WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD FORM TO BE USED BY A PRO SE LITIGANT FILING A CIVIL ACTION BEARING THE ABOVE-CAPTIONED CIVIL ACTION NUMBER. IF MR. KENNEDY FAI LS TO FILE AN AMENDED COMPLAINT, HIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/28/18. 3/1/18 ENTERED AND COPIES MAILED TO PRO SE WITH CIVIL ACTION FORMS.(mas, ) Modified on 3/1/2018 (mas, ).
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