DUNCHESKIE et al v. TEMPLE UNIVERSITY HEALTH SYSTEM, INC. et al

Filing 249

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS THE THIRD AMENDED COMPLAINT (DOC. 238) IS GRANTED AS FOLLOWS: PLAINTIFFS FEDERAL CLAIMS ARE DISMISSED WITHOUT PREJUDICE. THE COURT DECLINES TO EXERCISE SUPPLEMENTAL JUDGMENT OVER THE REMAINING ST ATE-LAW CLAIMS WHICH ARE DISMISSED WITHOUT PREJUDICE TO THE REASSERTION OF THESE CLAIMS IN STATE COURT TO THE EXTENT PLAINTIFFS CAN DO SO CONSISTENT WITH THE COURTS RULINGS. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/7/12. 8/8/12 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
:
JOHN DUNCHESKIE, et al.,
:
Plaintiffs,
:
CIVIL ACTION
v.
:
:
NO. 09-5551
TEMPLE UNIVERSITY HEALTH SYSTEM, :
INC., et al.,
:
Defendants.
:
__________________________________________:
ORDER
AND NOW, this 7th day of August 2012, upon consideration of Defendants’ Motion to
Dismiss the Third Amended Complaint (Doc. No. 238), Plaintiffs’ Response in Opposition thereto
(Doc. No. 240), and Defendants’ Reply (Doc. No. 245), and for the reasons stated in the Opinion filed
this day, it is hereby ORDERED that the Motions are GRANTED as follows:
1.

Plaintiffs’ federal claims are DISMISSED with prejudice.

2.

The Court declines to exercise supplemental jurisdiction over the remaining state-law
claims which are DISMISSED without prejudice to the reassertion of these claims in
state court to the extent Plaintiffs can do so consistent with the Court’s rulings.

The Clerk of Court is directed to CLOSE this case.
It is so ORDERED.

BY THE COURT:
/s/ Cynthia M. Rufe
__________________________
CYNTHIA M. RUFE, J.