BAILEY v. NATIONAL RAILROAD PASSENGER CORPORATION et al

Filing 12

ORDER THAT THE STIPULATION DISMISSING ALL CLAIMS AGAINST DEFENDANT NATIONAL RAILROAD PASSENGER CORPORATION(AMTRAK) IN THE ABOVE MATTER, AS WELL AS ALL OF AMTRAK'S CROSS-CLAIM AGAINST THE OTHER DEFENDANTS, WITHOUT PREJUDICE, IS APPROVED. IT IS FU RTHER ORDERED THAT THIS MATTER IS DISMISSED WITHOUT PREJUDICE AND REMANDED TO STATE COURT. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS MATTER FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE LEGROME D. DAVIS ON 6/10/2013. 6/10/2013 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kk, )

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

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v.
NATIONAL RAILROAD PASSENGER
CORPORATION d/b/a AMTRAK, et al.

CIVIL ACTION

NO. 2:13-cv-2132

ORDER
AND NOW, this 10th day of June 2013, upon consideration of the parties’ Stipulation of
Dismissal (Doc. No. 11), it is hereby ORDERED that the stipulation dismissing all claims against
Defendant National Railroad Passenger Corporation (Amtrak) in the above matter, as well as all of
Amtrak’s cross-claims against the other defendants, without prejudice, is APPROVED.
This matter was removed to this Court solely on the basis that Defendant Amtrak is an
entity that was created by an act of Congress with more than half of its corporate stock owned by
the federal government, pursuant to 28 U.S.C. sections 1349 and 1441(a). (See Notice of Removal
2–3, Doc. No. 1). As all claims against Defendant Amtrak have been dismissed and no question of
federal law nor diversity of citizenship between the parties exists, this Court lacks subject matter
jurisdiction. See 28 U.S.C. §§ 1331, 1332 (2012). Therefore, the matter is DISMISSED
WITHOUT PREJUDICE and remanded to state court. See, e.g., Zambelli Fireworks Mfg. Co., Inc.
v. Wood, 592 F.3d 412, 420 (3d Cir. 2010) (noting federal courts may dismiss suit for lack of
subject matter jurisdiction “at any stage in the proceeding” on its own motion). The Clerk of Court
is directed to close this matter for statistical purposes.
BY THE COURT:
/s/Legrome D. Davis
Legrome D. Davis, J.