SCHAEFER-CONDULMARI v. US AIRWAYS GROUP, INC.

Filing 22

ORDER THAT PLAINTIFF'S MOTION TO REMAND IS DENIED. THE DEFENDANT'S MOTION TO DISMISS IS GRANTED AND THE PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE. THE PLAINTIFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 12/30/2009 TO BRING A CLAIMS UNDER THE MONTREAL CONVENTION. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 12/8/2009. 12/9/2009 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JUDITH SCHAEFER-CONDULMARI v. US AIRWAYS GROUP, INC. d/b/a US AIRWAYS : : : : : : ORDER AND NOW, this 8th day of December, 2009, upon consideration of the Plaintiff's Motion to Remand (Docket No. 7) and the Defendant's Motion to Dismiss (Docket No. 4), and the responses and replies thereto, and upon consideration of the parties' supplemental submissions on jurisdiction, IT IS HEREBY ORDERED, for the reasons set forth in a Memorandum of today's date, that: 1. 2. The plaintiff's Motion to Remand is DENIED. The defendant's Motion to Dismiss is GRANTED, and CIVIL ACTION

NO.09-1146

the plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. 3. The plaintiff may file an amended complaint on or

before December 30, 2009, to bring a claim under the Montreal Convention.

BY THE COURT:

/s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J.