VIVES v. RODRIGUEZ et al

Filing 26

ORDER THAT THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS TO DEFTS DOMINGO AND MILAGROS RODRIGUEZ. THE PLFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 30 DAYS OF THE DATE OF THIS ORDER. THAT THE MOTIONS TO DISMISS THE COMPLAINT FILED BY DE FTS FRANK AND MIGUELINA RODRIGUEZ ARE DENIED, AND THE DEFTS' MOTION FOR THE COURT TO ABSTAIN FROM EXERCISING JURISDICTION OVER THIS CASE IS DENIED WTTHOUT PREJUDICE. ( SIGNED BY HONORABLE JOHN P. FULLAM ON 6/7/10. ) 6/7/10 ENTERED AND COPIES MAILED, E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ASTERIA VIVES v. FRANK RODRIGUEZ, et al. : : : : : ORDER AND NOW, this 7th day of June 2010, upon consideration of the defendants' motions to dismiss, and the plaintiff's responses thereto, and after oral argument, IT IS ORDERED: 1. That the complaint is DISMISSED WITHOUT PREJUDICE The plaintiff CIVIL ACTION

NO. 09-cv-2728-JF

as to defendants Domingo and Milagros Rodriguez.

is GRANTED LEAVE TO FILE AN AMENDED COMPLAINT within 30 days of the date of this Order. 2. That the motions to dismiss the complaint filed by

defendants Frank and Miguelina Rodriguez are DENIED, and the defendants' motion for the Court to abstain from exercising jurisdiction over this case is DENIED WITHOUT PREJUDICE.

BY THE COURT:

/s/ John P. Fullam John P. Fullam, Sr. J.