KOVALEV v. HOME DEPOT U.S.A., INC.

E.D. Pennsylvania

KOVALEV v. HOME DEPOT U.S.A., INC.

District Court, E.D. Pennsylvania·Decided March 21, 2023·No. 2:22-cv-00465·Unknown

Opinion

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

SERGEI KOVALEV, : Plaintiff : CIVIL ACTION v. : HOME DEPOT U.S.A,, INC. et al., : No. 22-465 Defendants : WV ORDER AND NOM, this mH day of March, 2023, upon consideration of Defendants Home Depot ULS.A,, Inc. and The Home Depot, Inc.’s Motion to Dismiss Plaintiff's Amended Complaint (Doc. No. 17), and Plaintiffs Response (Doc. No. 18), for the reasons set forth in the accompanying omnibus memorandum of this date, it is ORDERED that: 1. Defendants’ Motion to Dismiss (Doc. No. 17) is GRANTED; and 2. if Mr. Kovalev wishes to seek leave to amend his complaint, he must FILE a motion seeking leave to file an amended complaint within 60 days of this Order, After 60 days, this case will be dismissed for failure to prosecute.!

BY THE COURT: LEG GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE

l “[Tjo request leave to amend a complaint, the plaintiff must submit a draft amended complaint to the court so that it can determine whether amendment would be futile.” Flefcher-Harlee Corp. v, Pote Concrete Contractors, Inc., 482 F.3d 247, 252 (3d Cir, 2007).

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

SERGEI KOVALEV, : Plaintiff : CIVIL ACTION v. : HOME DEPOT U.S.A,, INC. et al., : No. 22-465 Defendants : WV ORDER AND NOM, this mH day of March, 2023, upon consideration of Defendants Home Depot ULS.A,, Inc. and The Home Depot, Inc.’s Motion to Dismiss Plaintiff's Amended Complaint (Doc. No. 17), and Plaintiffs Response (Doc. No. 18), for the reasons set forth in the accompanying omnibus memorandum of this date, it is ORDERED that: 1. Defendants’ Motion to Dismiss (Doc. No. 17) is GRANTED; and 2. if Mr. Kovalev wishes to seek leave to amend his complaint, he must FILE a motion seeking leave to file an amended complaint within 60 days of this Order, After 60 days, this case will be dismissed for failure to prosecute.!

BY THE COURT: LEG GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE

l “[Tjo request leave to amend a complaint, the plaintiff must submit a draft amended complaint to the court so that it can determine whether amendment would be futile.” Flefcher-Harlee Corp. v, Pote Concrete Contractors, Inc., 482 F.3d 247, 252 (3d Cir, 2007).

KOVALEV v. HOME DEPOT U.S.A., INC., (E.D. Pa. 2023).

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