PINTO v. BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 1 PA/DE et al

Filing 27

ORDERED THAT THE PARTIAL MOTION TO DISMISS (DOC. 15 ) IS GRANTED. IT IS FURTHER ORDERED, THE FIRST AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE. THE COURT GRANTS PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT WITHIN 21 DAYS OF THE FILING OF THIS ORDER. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/21/2019. 2/22/2019 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS PINTO
Plaintiff,
v.
BRICKLAYERS & ALLIED
CRAFTWORKERS LOCAL 1 PA/DE, et al.
Defendants.

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CIVIL ACTION
NO. 2:18-0169

ORDER
AND NOW, this 21st day of February, 2019, upon consideration of the Partial Motion to
Dismiss by Defendants Bricklayers & Allied Craftworkers Local 1 PA/DE, Dennis Pagliotti,
Richard Newcomb, and Matthew Stafford (ECF No. 15) and Plaintiff’s Opposition thereto (ECF
No. 18), it is hereby ORDERED that said Motion is GRANTED. It is further ORDERED as
follows:
1. The First Amended Complaint is DISMISSED without prejudice, because Plaintiff
has failed to state a federal claim in accordance with Rule 12(b)(6) of the Federal
Rules of Civil Procedure and the Court declines to exercise supplemental jurisdiction
over Plaintiff’s remaining state-law claims.
2. The Court grants Plaintiff LEAVE to file a second amended complaint within
twenty-one (21) days of the filing of this Order.
BY THE COURT:

/s/ C. Darnell Jones, II
C. DARNELL JONES, II

J.