TELFORD BOROUGH AUTHORITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al

Filing 29

ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 12 ), IS GRANTED IN PART AND DENIED IN PART. THE MOTION TO DISMISS COUNT I OF THE COMPLAINT WILL BE GRANTED WITH PREJUDICE. THE MOTION TO DISMISS COUNT IV OF THE COMPLAINT WILL BE DENIED WITHOU T PREJUDICE. THE COURT WILL GRANT THE PARTIES LEAVE TO ENGAGE IN LIMITED DISCOVERY ON THE ISSUE OF SUBJECT MATTER JURISDICTION. DISCOVERY IS DUE BY 1/15/2014. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/15/2013. 11/15/2013 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TELFORD BOROUGH AUTHORITY,
Plaintiff,
v.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, et al.,
Defendants.

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CIVIL ACTION NO.:

2:12-CV-6548

ORDER
AND NOW, this 15th day of November, IT IS HEREBY ORDERED:
1.)

Defendants’ motion to dismiss, (Doc. No. 12), is GRANTED IN PART and
DENIED IN PART.

2.)

The motion to dismiss Count I of the complaint will be GRANTED. Count I of the
complaint will be DISMISSED WITH PREJUDICE.

3.)

The motion to dismiss Count IV of the complaint will be DENIED WITHOUT
PREJUDICE. The court will GRANT the parties LEAVE TO ENGAGE IN
LIMITED DISCOVERY on the issue of subject matter jurisdiction. Discovery on
this matter shall be completed on or before January 15, 2014.

BY THE COURT:
/s/ C. Darnell Jones, II
C. DARNELL JONES II, J.