STURZENACKER v. CMC RESTORATION, INC. et al
| GLORIA STURZENACKER |
| CMC RESTORATION, INC., CHRISTOPHER & BRUMMETT, INC. and DAVID KELLEY |
| 5:2017cv00113 |
| January 9, 2017 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Northampton |
| JAMES KNOLL GARDNER |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 |
| None |
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Filing
19
ORDER THAT THIS COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER COUNTS II, III, IV, V, AND VI PURSUANT TO 28 U.S.C. § 1367(C)(2). COUNTS II, III, IV, V, AND VI ARE SEVERED FROM THE COMPLAINT, AND DISMISSED WITHOUT PREJUDICE TO AN ACTION TO BE FILED IN STATE COURT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/27/17. 8/1/17 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(mas, )
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Filing
14
ORDER THAT THE MOTION OF CMC AND KELLEY TO FILE A REPLY BRIEF, ECF NO. 6 , IS GRANTED; THE CLERK OF COURT IS DIRECTED TO DOCKET THE REPLY MEMORANDUM ATTACHED TO THE MOTION, ECF NO. 6 , AS HAVING BEEN FILED ON APRIL 5, 2017; THE MOTION TO DISMISS, ECF NO. 4 , IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. COUNTS II AND IV AGAINST CMC AND KELLEY, ONLY, ARE DISMISSED WITHOUT PREJUDICE; B. DEFENDANT KELLEY IS TERMINATED, WITHOUT PREJUDICE, AS A PARTY IN THIS ACTION; C. SRURZENACKER MAY FI LE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS COURTS OPINION AND ORDER; ON OR BEFORE JULY 14, 2017, THE PARTIES2 SHALL FILE BRIEFS DISCUSSING WHETHER OR NOT THIS COURT SHOULD EXERCISE SUPPLEMENTAL JURISDICTION AND SPECIFICALLY ADDRESSING THE APPLIC ABILITY OF 28 U.S.C. § 1367(C)(2); THE DEADLINE FOR STURZENACKER TO FILE AN AMENDED COMPLAINT IS STAYED UNTIL TWENTY DAYS AFTER THIS COURT ISSUES A DECISION ON WHETHER OR NOT IT WILL EXERCISE SUPPLEMENTAL JURISDICTION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/27/17. 6/29/17 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(mas, )
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