MCCRACKEN v. R.J. REYNOLDS TOBACCO COMPANY et al

Filing 30

ORDER THAT DEFTS' MOTIONS TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (ECF DOC. NOS. 18, 20, 27) ARE GRANTED WITHOUT PREJUDICE FOR THE PRO SE PLFF TO FILE A SECOND AMENDED COMPLAINT NO LATER THAN 2/16/2018 OR HIS CLAIMS WILL BE DISMISSED WITH PREJUDICE; & UNDER THIS ORDER, PLFF'S CROSS-MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT (ECF DOC. NO. 28) IS DENIED AS MOOT. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/2/18. 2/2/18 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PLFF.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TED A. MCCRACKEN

v.

CIVIL ACTION
NO. 17-4495

R.J. REYNOLDS TOBACCO
COMPANY, et al.

ORDER
AND NOW, this 2°d day of February 2018, upon considering Defendants' Motions to

dismiss (ECF Doc. Nos. 18, 20, 27), the pro se Plaintiffs Opposition and Cross-motion for
leave to file a second amended complaint (ECF Doc. No. 28) and for reasons in the
accompanying Memorandum including the Plaintiffs present failure to plead our subject matter
jurisdiction, it is ORDERED:
1.

Defendants' Motions to dismiss for lack of subject matter jurisdiction (ECF Doc.

Nos. 18, 20, 27) are GRANTED without prejudice for the pro se Plaintiff to file a second
amended complaint no later than February 16, 2018 or his claims will be dismissed with
prejudice; and,
2.

Under this Order, Plaintiffs cross-motion for leave to file a second amended

complaint (ECF Doc. No. 28) is DENIED as moot.