Miller v. Native Link Construction, Llc et al

MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

W.D. Pa.October 7, 2016

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA MATTHEW DAVID MILLER Plaintiff, vs. NATIVE LINK, LLC, POINTGUARD FINANCIAL, PLLC, JP MORGAN CHASE BANK NA, MELINDA THOMPSON-WALK, MITCHELL PAUL WALK, PATRICK L. NOLAN, NATE RIGGAN, AND KRISTEN JANOSICK Defendants. Case No.: 2:15-cv-01605-JFC DEFENDANTS POINTGUARD FINANCIAL, PLLC’S AND NATE RIGGAN’S MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT Defendants Pointguard Financial, PLLC and Nate Riggan by and through their undersigned counsel, Burns White LLC, respectfully submit this Motion to Dismiss Plaintiff’s Second Amended Complaint pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) of the Federal Rules of Civil Procedure, as more fully set forth in the accompanying Brief in Support, which is incorporated herein by reference, as if the same were set forth fully and at length. Respectfully Submitted, Burns White LLC BY: /s/ Lyle Washowich Lyle Washowich, Esquire PA I.D. #84348 Kenneth. N. Schott III, Esquire PA I.D. #320716 Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 (412) 995-3000 Case 2:15-cv-01605-JFC Document 83 Filed 10/07/16 Page 1 of 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 7th day of October, 2016, the foregoing Motion and Brief in Support of Motion to Dismiss Plaintiff’s Second Amended Complaint have been electronically filed and served upon all counsel and/or parties of record via the Court’s ECF filing system. Burns White LLC BY: /s/ Lyle Washowich Lyle Washowich, Esquire Case 2:15-cv-01605-JFC Document 83 Filed 10/07/16 Page 2 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA MATTHEW DAVID MILLER Plaintiff, vs. NATIVE LINK, LLC, POINTGUARD FINANCIAL, PLLC, JP MORGAN CHASE BANK NA, MELINDA THOMPSON-WALK, MITCHELL PAUL WALK, PATRICK L. NOLAN, NATE RIGGAN, AND KRISTEN JANOSICK Defendants. Case No.: 2:15-cv-01605-JFC ORDER OF COURT AND NOW this _____ day of , 2016, upon consideration of Defendants Pointguard Financial, PLLC’s and Nate Riggan’s Motion to Dismiss Plaintiff’s Second Amended Complaint in its entirety, it is hereby ORDERED, ADJUDGED and DECREED that the Motion to Dismiss Plaintiff’s Second Amended Complaint is GRANTED. Plaintiff’s Second Amended Complaint is dismissed in its entirety with prejudice as to Pointguard Financial, PLLC and Nate Riggan. BY THE COURT: , J. Case 2:15-cv-01605-JFC Document 83-1 Filed 10/07/16 Page 1 of 1