PUE v. NEW JERSEY TRANSIT CORP.

Filing 33

ORDER denying 11 Motion for Default Judgment; Denying 25 Summary Judgment; Granting 20 motion to Vacate\Dismiss; Court declines to exercise supplemental jurisdiction over Plaintiffs state law contract claim; Plaintiff may bring such a claim in state court within 30 days from the date. Signed by Chief Judge Freda L. Wolfson on 8/1/2022. (jal, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ANTHONY B. PUE,
Plaintiff,

Civil Action No. 21-13557 (FLW)

v.
NEW JERSEY TRANSIT CORP.,

ORDER

Defendant.
THIS MATTER having been opened to the Court by pro se plaintiff Anthony B. Pue
(“Plaintiff”), on a motion for default judgment and motion for summary judgment; it appearing
that Paul T. Szypiotko, Esq., counsel for Defendant New Jersey Transit Corporation
(“Defendant”), opposes Plaintiff’s motions, and cross-moves to vacate default and to dismiss the
Complaint; the Court having considered the parties’ submissions in connection with the motions
pursuant to Fed. R. Civ. P. 78, for the reasons set forth in the Opinion filed on this date, and for
good cause shown,
IT IS on this 1st day of August, 2022,
ORDERED that Defendant’s motion to vacate default is GRANTED; and the entry of
default is VACATED; and it is further
ORDERED that Plaintiff’s motion for default judgment is DENIED; and it is further
ORDERED that Defendant’s motion to dismiss is GRANTED; it is further
ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiff’s
state law contract claim, and thus, pursuant to 28 U.S.C. § 1367(d), Plaintiff may bring such a
claim in state court within 30 days from the date of this Order; it is further

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ORDERED that Plaintiff’s motion for summary judgment is DENIED.

/s/ Freda L. Wolfson
Freda L. Wolfson
U.S. Chief District Judge

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