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Other Statutory Actions | Pennsylvania Western
Order on Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim
MEMORANDUM ORDER; NOW, this 28th day of February, 2023, IT IS ORDERED that Defendant Franklin Investment Corporation's motion to dismiss, ECF No. 24 , shall be, and hereby is, GRANTED. Inasmuch as further amendment will not cure the defects in Plaintiff's claims, IT IS ORDERED that the Amended Complaint shall be, and hereby is, DISMISSED with prejudice. IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Lanzillo, dated January 31, 2023, ECF No. 33 , is adopted as the opinion of this Court. There being no further claims pending before the Court in this civil action, the Clerk is directed to mark this case "CLOSED." Signed by Judge Susan Paradise Baxter on 2/28/2023. (snc)
Report and Recommendation
REPORT AND RECOMMENDATION re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re 23 Amended Complaint filed by FRANKLIN INVESTMENT CORP. It is respectfully recommended that the motion to dismiss be granted and that the Plaintiff's claims be dismissed with prejudice as any attempt at further amendment would be futile. Objections to R&R due by 2/14/2023 Objections to R&R for Unregistered ECF Users due by 2/17/2023. Signed by Chief Magistrate Judge Richard A. Lanzillo on January 30, 2023. (jbh)
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