CHRISTIAN STREET PHARMACY, INC. et al v. CITY OF PHILADELPHIA

Filing 20

ORDER THAT THE CITY'S MOTION IS GRANTED, TO THE EXTENT THAT IT RAISES A JURISDICTIONAL DEFENSE UNDER THE TAX INJUNCTION ACT, 28 U.S.C. 1341. PLAINTIFFS' COMPLAINT IS DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS MATTER STATISTICALLY. SIGNED BY HONORABLE JOHN R. PADOVA ON 7/15/09. 7/17/09 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CHRISTIAN STREET PHARMACY, ET AL. : : v. : : CITY OF PHILADELPHIA : ORDER AND NOW, this 15th day of July, 2009, upon consideration of Defendant City of Philadelphia's Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Docket No. 9), Plaintiffs' response thereto, the parties' arguments at a hearing held on June 15, 2009, and the
p arties' supplemental briefing on the jurisdictional issues in this case, IT IS HEREBY ORDERED as follows: 1.

CIVIL ACTION

NO. 09-824

The City's Motion is GRANTED, to the extent that it raises a jurisdictional defense under the Tax Injunction Act, 28 U.S.C. § 1341.

2. 3.

Plaintiffs' Complaint is DISMISSED for lack of subject matter jurisdiction. The Clerk of Court is directed to close this matter statistically.

BY THE COURT:

/s/ John R. Padova John R. Padova, J.