Opinion
CIVIL ACTION NO. 12-4627
12-13-2012
FRANK NELLOM, FRANK NELLOM & CO., Plaintiffs, v. DARBY BOROUGH, et al. Defendants.
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 , J.