Yun v. Gladiacoin.com

District Court, M.D. Pennsylvania

Yun v. Gladiacoin.com

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

GLORIA SUN JUNG YUN, : :CIVIL ACTION NO. 3:17-CV-1267 Plaintiff, : :(JUDGE MARIANI) V. (Magistrate Judge Mehalchick) GLADIACOIN.COM, et al., : Defendants.

ORDER

AND NOW, THIS f DAY OF JANUARY 2020, upon review of

Magistrate Judge Mehalchick’s Report and Recommendation (“R&R”) (Doc. 25) for clear

error or manifest injustice, IT Is HEREBY ORDERED THAT:

1. The R&R (Doc. 25) is ADOPTED for the reasons set forth therein;

2. Defendant GoDaddy.com, LLC’s Motion to Dismiss (Doc. 21) is GRANTED;

3. Defendant GoDaddy.com is DISMISSED from this action WITHOUT PREJUDICE;

4. Plaintiff is granted leave to file an amended complaint addressing the deficiencies

set out in the R&R within fourteen (14) days of the date of this Order;'

1 A district court must extend a plaintiff an opportunity to amend before dismissing a complaint unless amendment would be inequitable or futile. See Grayson v. Mayview State Hosp.,

293 F.3d 103, 108

(3d Cir. 2002). While it appears likely that amendment would be futile in this case, the Court extends Plaintiff the opportunity to amend in an abundance of caution.

5. Failure to timely file an amended complaint will result in Defendant GoDaddy.com being dismissed from this action WITH PREJUDICE; 6. This case is REMANDED to Magistrate Judge Mehalchick for further handling of

pretrial proceedings. □□ [2 } Mel Var Rbbert D. Mariah United States District Judge

Reference

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