Frankenfield v. MicroBilt Corporation
| Mary Beth Frankenfield |
| MicroBilt Corporation |
| 4:2014cv01112 |
| June 9, 2014 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Lycoming |
| Yvette Kane |
| Other Statutory Actions |
| 15 U.S.C. ยง 1681 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
39
ORDER - IT IS HEREBY ORDERED THAT: 1. The Court adopts the R&R of MJ Carlson. (Doc. No. 38); 2. Deft MicroBilt Corps First Motion to Dismiss for Lack of Jurisdiction (Doc. No. 32) is GRANTED; 3. Pltf Mary Beth Frankenfields amended complaint (Doc. No . 19) is DISMISSED WITHOUT PREJUDICE;4. Pltf may amend her complaint within thirty (30) days of the date of thisOrder to address the pleading deficiencies identified in MJCarlsons R&R with respect to standing; and 5. This matter is remanded to MJ Carlson for further proceedings. 19 32 38 Signed by Honorable Yvette Kane on 11/4/16. (sc)
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Filing
31
MEMORANDUM ORDER - IT IS ORDERED as follows: With respect to this proposedmotion the defendant shall comply with the requirements Local Rule 7.5 by filing the motion, and a brief in support of this motion, on or before July 15, 2016. We will STAY further discovery pending receipt and resolution of this motion. Signed by Magistrate Judge Martin C. Carlson on June 23, 2016. (kjn)
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Filing
16
ORDER - IT IS HEREBY ORDERED THAT:1) The Court adopts the Report and Recommendation of Magistrate Judge Carlson.2) The Defendants motion to dismiss (Doc. No. 5), is GRANTED in part, and DENIED in part. 3) Pursuant to Rule 12(b)(5), the Court finds th at proper service of process was not made, but in lieu of dismissal of this action, the flawed service of process is quashed and Plaintiff is directed to make proper service within 45 days of the date of this Order. 4) The Defendants motion to dismis s the attorneys fees claim in the complaint is DENIED.5) The motion to dismiss the prayer for injunctive relief is GRANTED, but the prayer for relief is dismissed without prejudice. The Plaintiff is instructed to properly serve either the original complaint or any amended complaint contained such a prayer for relief upon the Defendant with 45 days of the date of the Order. 5 15 Signed by Honorable Yvette Kane on 11/3/14. (sc)
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| Plaintiff: Mary Beth Frankenfield | |
| Represented By: | John Piazza, III |
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| Defendant: MicroBilt Corporation | |
| Represented By: | Bruce S. Luckman |
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