SCOTT v. TOLL BROTHERS, INC. et al

Filing 12

ORDER AS FOLLOWS: 1. RESPONDENTS' TOLL BROTHERS, INC. AND TOLL NAVAL ASSOCIATES MOTION TO DISMISS CLAIMANT'S PETITION TO VACATE THE ARBITRATION AWARD IS GRANTED; 2. THIS ACTION IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT-MATTER JURIS IDCTION; AND 3. THE PETITIONER IS GRANTED LEAVE TO FILE AN AMENDED PETITION WITHIN FOURTEEN(14) DAYS FROM THE ENTRY OF THIS ORDER TO PROPERLY INVOKE, IF SHE CAN, THIS COURT'S SUBJECT-MATTER JURISDICTION PURSUANT TO 28 U.S.C. SECTION 1332. IF PETITIONER FAILS TO FILE AN AMENDED PETITION, THE COURT WILL DISMISS THE ACTION. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/21/2014. 7/21/2014 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SALLY SCOTT,
Petitioner,
v.
TOLL BROTHERS, INC. and TOLL
NAVAL ASSOCIATES,
Respondents.

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CIVIL ACTION NO. 13-7455

ORDER
AND NOW, this 21st day of July, 2014, after considering Respondents’ Toll Brothers,
Inc. and Toll Naval Associates Motion to Dismiss Claimant’s Petition to Vacate the Arbitration
Award (Doc. No. 2) and Petitioner’s Response in Opposition to Respondents’ Motion to Dismiss
Petition to Vacate the Arbitration Award Pursuant to Rule 12(b)(1), Federal Rules of Civil
Procedure (Doc. No. 6), and after oral argument held before the undersigned on June 11, 2014, it
is hereby ORDERED as follows:
1.

Respondents’ Toll Brothers, Inc. and Toll Naval Associates Motion to Dismiss

Claimant’s Petition to Vacate the Arbitration Award (Doc. No. 2) is GRANTED;
2.

This action is DISMISSED WITHOUT PREJUDICE for lack of subject-matter

jurisdiction; and
3.

The petitioner is GRANTED leave to file an amended petition within fourteen

(14) days from the entry of this Order to properly invoke, if she can, this Court’s subject-matter
jurisdiction pursuant to 28 U.S.C. § 1332. If the petitioner fails to file an amended petition, the
Court will dismiss the action.
BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.