BORGHESE LANE, LLC, No. 2:2018cv00533 - Document 232 (W.D. Pa. 2019)

Court Description: OPINION and ORDER denying in part, and granting in part Borghese Lane, LLC's and McKees Rocks Harbor Services, LLC's 153 Joint Motion to Dismiss for Failure to State a Claim, or in the Alternative, Moton to Strike, American River Trans portation Co., LLC's 113 Rule 14(c) Third-Party Complaint. The Third Party Complaint is stricken; ARTCO is permitted to assert a Rule 14(c) tender as stated in the Opinion and Order. ARTCO shall file an Amended Answer to the 73 United States' Crossclaim by 2/28/2019, limited to ARTCO's assertion of a Rule 14(c) tender of the United States' Crossclaim to Borghese, McKees Rocks, and ITS. Signed by Judge Marilyn J. Horan on 2/20/19. (rtw)