Lipnick v. United Airlines, Incorporated

CourtDistrict Court, District of Columbia
DecidedNovember 1, 2012
DocketCivil Action No. 2012-1277
StatusPublished

This text of Lipnick v. United Airlines, Incorporated (Lipnick v. United Airlines, Incorporated) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lipnick v. United Airlines, Incorporated, (D.D.C. 2012).

Opinion

NOT INTENDED FOR PUBLICATION IN THE OFFICIAL REPORTERS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LEWIS LIPNICK, Plaintiff,

v. Civil Action No. 12-cv-1277 (RLW) UNITED AIR LINES, INC., et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

Plaintiff Lewis Lipnick (“Lipnick”), a bassoon and contrabassoon player in the National

Symphony Orchestra, brings this lawsuit against Defendants United Air Lines, Inc. (“United”)

and Deutsche Lufthansa AG (“Lufthansa”) for injuries he alleges he sustained while transporting

his newly-purchased contraforte (a type of contrabassoon) down an escalator at the Munich

Airport in September 2010.

This matter is before the Court on United’s Motion to Dismiss (Dkt. No. 6), through

which United seeks to dismiss Lipnick’s second claim for relief for negligence under Federal

Rule of Civil Procedure 12(b)(6). Lufthansa has joined in United’s Motion. (Dkt. No. 8). On

October 16, 2012, Lipnick filed his response to United’s Motion, indicating that he consents to

the dismissal of his negligence claim and does not oppose United’s Motion. Thus, it is hereby,

ORDERED that United’s motion is hereby GRANTED and Lipnick’s second claim for

relief is hereby DISMISSED with prejudice; and it is,

FURTHER ORDERED that the hearing on United’s Motion set for December 10, 2012,

at 11:30 A.M. in Courtroom 27A, shall be converted to a Scheduling Conference. By no later

1 NOT INTENDED FOR PUBLICATION IN THE OFFICIAL REPORTERS

than December 3, 2012, the parties shall file their Report of Parties’ Planning Meeting, pursuant

to Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3.

Digitally signed by Judge Robert L. Wilkins SO ORDERED. DN: cn=Judge Robert L. Wilkins, o=U.S. District Court, ou=Chambers of Honorable Robert L. Wilkins, email=RW@dc.uscourt.gov, c=US Date: 2012.10.31 18:41:37 -04'00' Date: November 1, 2012 ROBERT L. WILKINS United States District Judge

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