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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`) No. 2:22-cv-1776-WSH
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`Plaintiff,
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`Defendant.
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`ORDER
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`AMERANTH, INC.,
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`v.
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`DOORDASH, INC.,
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`Given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if
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`the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must
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`meet and confer before the filing of such a motion to determine whether any pleading defects are
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`curable by amendment, thereby obviating part or all of the motion. The duty to meet and confer
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`extends to parties appearing pro se. Consistent with the foregoing, a motion to dismiss must be
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`accompanied by a certificate, stating that the moving party has made good faith efforts to confer
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`with the nonmovant(s) to determine whether the identified pleading deficiencies may be cured by
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`amendment.
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`Motions to dismiss that do not contain the required certification will be summarily
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`denied. Furthermore, a non-moving party’s non-compliance with this Order, including failure to
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`timely engage in the meet-and-confer process, may result in the assessment of monetary and/or
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`nonmonetary sanctions. Those sanctions may include, but are not limited to, an assessment of
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`attorney’s fees and costs associated with the filing of the motion to dismiss, and/or a denial of the
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`non-movant’s subsequent request for leave to amend.
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`Case 2:22-cv-01776-WSH Document 5 Filed 12/12/22 Page 2 of 2
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`IT IS FURTHER ORDERED that: (1) as soon as is practicable, Plaintiff(s) promptly shall
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`serve a copy of this Order upon Defendant(s); (2) all counsel and unrepresented parties must read,
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`know and understand the Local Rules of this Court (see https://www.pawd.uscourts.gov/court-
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`info/local-rules-and-orders/local-rules); and (3) all counsel and unrepresented parties must
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`familiarize themselves with the undersigned’s Practices and Procedures and they will be held
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`responsible for complying with the same.
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`Dated: December 12, 2022
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`cc/ecf: All Counsel of Record
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`/s/ W. Scott Hardy
`W. Scott Hardy
`United States District Judge
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`-2-
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