PATEL v. SMITH et al

Filing 16

OPINION/ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED. COUNT 3 OF THE COMPLAINT, TO THE EXTENT IT RELIES UPON 18 U.S.C. 1343, IS DISMISSED WITH PREJUDICE. ALL OTHER COUNTS ARE DISMISSED; AND PLAINTIFF MAY AMEND THE COMPLAINT TO ALLEGE THE PRESENCE OF DIVERSITY JURISDICTION NOT LATER THAN 15 DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE LOUIS H. POLLAK ON 7/11/11. 7/12/11 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

HIREN PATEL,
Plaintiff,
Civil Action
v.
No. 10-4165
SHARON K. SMITH, NICOLE
JOHNSON, and SJ SUBS, LLC,
Defendants.

ORDER
AND NOW, this 11th day of July, 2011, upon consideration of plaintiff’s
complaint, defendants’ motion to dismiss, defendants’ memorandum in support of that
motion, and plaintiff’s memorandum in opposition to that motion, and for the reasons
provided in the accompanying memorandum, it is hereby ORDERED that:
1. Defendants’ motion to dismiss (Docket No. 4) is GRANTED;
2. Count 3 of the complaint, to the extent it relies upon 18 U.S.C. § 1343, is
DISMISSED with prejudice;
3. All other Counts are DISMISSED; and
4. Plaintiff may amend the complaint to allege the presence of diversity
jurisdiction not later than 15 days from the date of this order.

BY THE COURT
/s/ Louis H. Pollak
Pollak, J.