JESSUP v. CONTINENTAL MOTORS, INC. et al

Filing 60

ORDERED THAT THE SERVICE'S MOTION TO DISMISS 36 IS GRANTED. THE CLAIMS AGAINST THE SERVICE DISMISSED. THIS MATTER IS HEREBY REMANDED TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. THE REMAINING PENDING MOTION, THE TELEDYNE DEFENDANTS' MOTION FOR LEAVE TO FILE AN AMENDED THIRD-PARTY COMPLAINT 41 , IS DENIED WITHOUT PREJUDICE TO ITS RENEWAL IN STATE COURT ON REMAND. SIGNED BY HONORABLE J. CURTIS JOYNER ON 1/22/2013. 1/25/2013 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LISE LEMELAND JESSUP, individually :
and as the Administratrix of the
:
Estate of PATRICK C. JESSUP,
:
:
Plaintiff,
:
v.
:
:
CONTINENTAL MOTORS, INC., et al., :
:
Defendants.
:

CIVIL ACTION
NO. 12-cv-4439

ORDER
AND NOW, this

22ND

day of January, 2013, upon

consideration of the Service’s Motion to Dismiss (ECF No. 36),
the Teledyne Defendants’ Response (ECF No. 40), the Plaintiff’s
Response (ECF No. 44), and the parties’ additional briefing on
the effect, if any, of the recent amendments to 28 U.S.C. §
1441(c) (ECF Nos. 43, 48, and 49), it is hereby ORDERED that the
Motion (ECF No. 36) is GRANTED.
are DISMISSED.

The claims against the Service

This matter is hereby REMANDED to the Court of

Common Pleas of Philadelphia County.

The remaining pending

motion, the Teledyne Defendants’ Motion for Leave to File an
Amended Third-Party Complaint (ECF No. 41), is DENIED WITHOUT
PREJUDICE to its renewal in state court on remand.
BY THE COURT:
S/J. CURTIS JOYNER
J. CURTIS JOYNER,

C.J.