GILLAN AND HARTMANN, INC. v. KIMMEL BOGRETTE ARCHITECTURE + SITE, INC. et al

Filing 36

ORDER THAT PLFF'S MOTION FOR A PRELIMINARY INJUNCTION IS DENIED. MC3'S MOTION TO DISMISS & MOTION FOR ATTORNEYS' FEES IS GRANTED IN PART & DENIED IN PART; PLFF'S CLAIM AGAINST MC3 FOR COPYRIGHT INFRINGEMENT IS DISMISSED, ETC. KIMM EL'S MOTION TO DISMISS & FOR ATTORNEYS' FEES (DKT. NO. 21) IS GRANTED IN PART & DENIED IN PART. PLFF'S CLAIM AGAINST KIMMEL FOR COPYRIGHT INFRINGEMENT IS DISMISSED, ETC. PLFF'S MOTION TO AMEND ITS AMENDED COMPLAINT TO ADD AN ADDITIONAL PARTY (DKT. NO. 26) IS DENIED. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE FOR STATISTICAL & ALL PURPOSES.SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/28/15. 5/29/15 ENTERED AND COPIES E-MAILED.(kw, ) Modified on 5/29/2015 (lisad, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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GILLAN AND HARTMANN, INC.,
Plaintiff,
v.
KIMMEL BOGRETTE ARCHITECTURE
+ SITE, INC., MARTIN D. KIMMEL &
MONTGOMERY COUNTY COMMUNITY
COLLEGE,
Defendants.

CIVIL ACTION
NO. 15-1035

ORDER
On March 11, 2015, Gillan and Hartmann, Inc. (“Plaintiff”) filed an Amended Complaint
against Kimmel Bogrette Architecture + Site, Inc. and Martin D. Kimmel (collectively
“Kimmel”), and Montgomery County Community College (“MC3”) (collectively “the
Defendants”). (Dkt No. 2.) AND NOW, this 28th day of May, 2015, it is hereby ORDERED
that:
1. Upon consideration of Plaintiff’s Motion for a Preliminary Injunction, (Dkt No.
3), MC3’s Response, (Dkt No. 5), Kimmel’s Response, (Dkt No. 13), Plaintiff’s
Reply, (Dkt No. 18), and the arguments and testimony heard at the Preliminary
Injunction Hearing held on March 24, 2015, it is hereby ORDERED that said
Motion is DENIED;
2. Upon consideration of MC3’s Motion to Dismiss and Motion for Attorneys’ Fees.
(Dkt No. 16), and Plaintiff’s Response, (Dkt No. 25), it is hereby ORDERED that
MC3’s Motion is GRANTED IN PART AND DENIED IN PART:
a. Plaintiff’s claim against MC3 for copyright infringement is DISMISSED;
b. The Court DECLINES to exercise supplemental jurisdiction over the
remaining state claims against MC3;
c. All claims against MC3 are thus DISMISSED;
d. MC3’s Motion for Attorneys’ Fees is DENIED;
3. Upon consideration of Kimmel’s Motion to Dismiss and Motion for Attorneys’
Fees, (Dkt No. 21), and Plaintiff’s Response, (Dkt No. 31), it is hereby
ORDERED that Kimmel’s Motion is GRANTED IN PART AND DENIED IN
PART:

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a. Plaintiff’s claim against Kimmel for copyright infringement is
DISMISSED;
b. The Court DECLINES to exercise supplemental jurisdiction over the
remaining state claims against Kimmel;
c. All claims against Kimmel are thus DISMISSED;
d. Kimmel’s Motion for Attorneys’ Fees is DENIED;
4. Upon consideration of Plaintiff’s Motion to amend its Amended Complaint to add
an additional party, (Dkt No. 26), MC3’s Response, (Dkt Nos. 27, 33), and
Kimmel’s Response, (Dkt No. 32) it is hereby ORDERED that Plaintiff’s Motion
is DENIED.
5. The Clerk of Court is DIRECTED to close this case for statistical and all
purposes.
BY THE COURT:
/s/ C. Darnell Jones, II
_____________________________
C. Darnell Jones, II

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J.