Frank Nellom, Frank Nellom : & Co v. Darby Borough

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER AND NOW, this 13th day of December 2012, upon review of Plaintiff's Motion for Preliminary Injunction [Doc. No. 10] and Defendants' response thereto [Doc. No. 12], Defendants' Motion to Dismiss [Doc. No. 11], to which there was no response, and Plaintiff's Motion for Summary Judgment [Doc. No. 14], Defendants' response [Doc. No. 16], and Plaintiff's brief in support [Doc. No. 17], and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that:

1. Defendants' Motion to Dismiss is GRANTED. This action is dismissed, in its entirety, with prejudice, for failure to state a claim on which relief can be granted.

2. Plaintiff's Motion for Preliminary Injunction is DENIED.

3. Because the Complaint is dismissed with prejudice for failure to state a claim, Plaintiff's Motion for Summary Judgment is DISMISSED AS MOOT.

The Clerk of Court is DIRECTED to mark this case CLOSED. It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20121213