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Daniel Markert, Individually and As Executor For the Estate of v. the Pnc Financial Services Group

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


November 14, 2011

DANIEL MARKERT, INDIVIDUALLY AND AS EXECUTOR FOR THE ESTATE OF MICHAEL MARKERT, DECEASED, ET AL., PLAINTIFFS,
v.
THE PNC FINANCIAL SERVICES GROUP, INC.,: F/K/A/ PNC FINANCIAL CORPORATION, D/B/A PNC, DEFENDANT.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER AND NOW this 14th day of November, 2011, upon consideration of the Motion to Dismiss (Doc. No. 3) submitted by Defendant, The PNC Financial Services Group, Inc., f/k/a PNC Financial Corporation, d/b/a/ PNC ("Defendant") and the Motion for Leave to File Amended Complaint (Doc. No. 7) submitted by Plaintiffs Daniel Market, individually and as executor of the estate of Michael Markert, deceased, Joseph Markert, and Thomas Markert ("Plaintiffs") and the response thereto, it is hereby ORDERED that:

1) Defendant's Motion to Dismiss is GRANTED;

2) Plaintiffs' Complaint is DISMISSED;

3) Plaintiffs' Motion for Leave to File Amended Complaint is hereby GRANTED;

and

4) Plaintiffs shall submit an amended complaint consistent with our Opinion within fourteen days of this Order.

BY THE COURT:

Robert F. Kelly

20111114

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