KNELLINGER et al v. YORK STREET PROPERTY DEVELOPMENT, LP et al

Filing 11

ORDER THAT DEFENDANT CITY OF PHILADELPHIA'S MOTION TO DISMISS (DOCKET ENTRY #2) IS GRANTED. PLAINTIFFS' REQUEST TO AMEND THEIR COMPLAINT IS DENIED. COUNT IV OF PLAINTIFFS' COMPLAINT IS DISMISSED WITH PREJUDICE. PURSUANT TO 28 U.S.C. 13 67(C), WE REMAND THE REMAINDER OF THIS CASE TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FOR FURTHER PROCEEDINGS. THE CLERK OF COURT SHALL TRANSFER THE CASE AND ALL DOCUMENTS RELATED TO THIS CASE TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF PHILADLEPHIA COUNTY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 11/6/2014. 11/7/2014 ENTERED AND COPIES E-MAILED.(jmg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICHARD KNELLINGER, et al.
v.
YORK STREET PROPERTY
DEVELOPMENT, LP, et al.

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CIVIL ACTION

NO. 14-4712

ORDER
AND NOW, this 6th day of November, upon consideration of defendant City of
Philadelphia’s motion to dismiss (docket entry #2), plaintiffs’ response in opposition thereto, and
the reasoning set forth in our Memorandum issued this day, it is hereby ORDERED that:
1.

Defendant’s motion to dismiss is GRANTED;

2.

Plaintiffs’ request to amend their Complaint is DENIED;

3.

Count IV of plaintiffs’ Complaint is DISMISSED WITH PREJUDICE;

4.

Pursuant to 28 U.S.C. § 1367(c), we REMAND the remainder of this case

to the Court of Common Pleas of Philadelphia County for further proceedings;
5.

The Clerk of Court shall TRANSFER the case file and all documents

related to this case to the Prothonotary of the Court of Common Pleas of Philadelphia County;
and
6.

The Clerk of Court shall CLOSE this case statistically.

BY THE COURT:

_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.