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Paul J. Fekete v. National Railroad Passenger Corp. A/K/A Amtrak and Rob's Towing

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


November 16, 2011

PAUL J. FEKETE PLAINTIFF,
v.
NATIONAL RAILROAD PASSENGER CORP. A/K/A AMTRAK AND ROB'S TOWING & HAULING, INC. DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER AND NOW, this 16hday of November, 2011, upon consideration of Defendant Rob's Towing & Hauling, Inc.'s Motion Pursuant to Federal Rule of Civil Procedure 12(b)(6), Plaintiff's response thereto, Amtrak's response thereto, Rob's Towing & Hauling, Inc.'s reply thereon, and for the reasons stated in the Court's Memorandum dated November 16, 2011, it is hereby ORDERED that:

1. The motion to dismiss (Document No. 3) is GRANTED.

2. Plaintiff is granted leave to file an Amended Complaint on or before December 6, 2011.

3. Plaintiff's Motion to Strike Certain Affirmative Defenses (Document No. 7) is DENIED.

BY THE COURT:

20111116

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