DICKSON v. NOBLE HOUSE HOTELS & RESORTS et al

Filing 35

OPINION/ORDER THAT THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT-MATTER JURISDICTION; AND PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 7 DAYS FROM THE ENTRY OF THIS ORDER TO PROPERLY INVOKE, IF SHE CAN, THE COURT& #039;S SUBJECT-MATTER JURISDICTION PURSUANT TO 28 U.S.C. 1332. SHOULD THE PLAINTIFF FAIL TO FILE AN AMENDED COMPLAINT WITHIN THE PRESCRIBED TIME PERIOD, THE CLERK OF COURT SHALL MARK THIS MATTER CLOSED WITHOUT FURTHER ORDER OF COURT. IT IS FURTHER ORDERED THAT THE MOTIONS TO DISMISS 21, 22, 23, 24-1 ARE DENIED AS MOOT. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/10/14. 9/10/14 ENTERED AND COPIES E-MAILED AND FORWARDED TO LEGAL.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CLAIRE DICKSON,
CIVIL ACTION N0.14-1778

Plaintiff,
v.

NOBLE HOUSE HOTELS & RESORTS,
individual! y and t/a LA PLAYA BEACH
& GOLF RESORT, LA PLAYA BEACH
& GOLF RESORT, RESORTS SPORTS,
INC., NATIONAL PASTA
ASSOCIATION, and NAPLES
TRANSPORTATION AND TOURS, LLC,
individually and t/a NAPLES
TRANSPORTATION TOURS & EVENT
PLANNING,

FILED
SEP 10 2014
MICHAELfil\UNZ, Cle!<
By

~Oep. Clerk

Defendants.
ORDER

AND NOW, this 101h day of September, 2014, after reviewing the complaint (Doc. No.
1), and the various motions to dismiss filed by the defendants (Doc. Nos. 21-24), and the
responses in opposition to the motions (Doc. Nos. 26-29), and after an initial pretrial conference

held before the undersigned on August 7, 2014, it is hereby ORDERED as follows:

1.

The complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE for lack

of subject-matter jurisdiction; and
2.

The plaintiff is GRANTED leave to file an amended complaint within seven (7)

days from the entry of this order to properly invoke, if she can, the court's subject-matter

jurisdiction pursuant to 28 U.S.C. § 1332. Should the plaintiff fail to file an amended complaint
within the prescribed time period, the Clerk of Court shall mark this matter closed without
further order of court.

q - 9-ILf

IT IS FURTHER ORDERED as follows:
1.

The motion to dismiss filed by the defendant, National Pasta Association, on May

12, 2014 (Doc. No. 21), is DENIED AS MOOT;
2.

The motion to dismiss filed by the defendant, Resorts Sports, Inc., on May 14,

2014 (Doc. No. 22), is DENIED AS MOOT;
3.

The motion to dismiss filed by the defendant, Naples Transportation and Tours,

LLC, individually and t/a Naples Transportation Tours & Event Planning, on May 27, 2014
(Doc. No. 23), is DENIED AS MOOT; and
4.

The motion to dismiss filed by the defendant, Noble House Hotels & Resorts,

Ltd., individually and incorrectly pleaded as La Playa Beach & Golf Resort, on June 2, 2014
(Doc. No. 24-1), is DENIED AS MOOT.

BY THE COURT:

•
EDWARD G. SMITH, J.

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