MEMORANDUM OPINION AND ORDER
JAMES F. HOLDERMAN, Chief Judge:
In his Second Amended Complaint, plaintiff Howard Leventhal ("Leventhal") alleges that defendants Gene Byron Schenberg ("Schenberg"), Richard F. Huck, III ("Huck"); Michael J. McKitrick ("McKitrick"), and Danna McKitrick PC ("Danna McKitrick") are liable for malicious prosecution (First Cause of Action) and abuse of process (Second Cause of Action); that
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