PENROSE PARK ASSOCIATES, L.P. v. UNITED STATES OF AMERICA et al

Filing 20

MEMORANDUM AND ORDER THAT DEFENDANT UNITED STATES' MOTION TO DISMISS 11 IS GRANTED. PLAINTIFF'S MOTION FOR LEAVE TO FILE RESPONSE TO DEFENDANT UNITED STATES' STATEMENT OF UNDISPUTED FACTS 14 IS DENIED AS MOOT BY REASON OF THIS COUR T'S FINDINGS IN ITS ACCOMPANYING MEMORANDUM. PLAINTIFF'S MOTION FOR LEAVE TO FILE SURREPLY IN FURTHER OPPOSITION TO DEFENDANT'S MOTION TO DISMISS 15 IS GRANTED AND THE BRIEF ATTACHED THERETO AS "EXHIBIT A" [15-1] SHALL BE D EEMED FILED AS OF THIS DAY; AND, THIS COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF'S STATE LAW CLAIMS AGAINST DEFENDANT PENNONI AND THE SAME ARE HEREBY DISMISSED WITHOUT PREJUDICE TO ANY RIGHT PLAINTIFF MIGHT HAVE TO BRING SAME AGAINST SAID DEFENDANT IN STATE COURT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 7/31/18. 8/1/18 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PENROSE PARK ASSOCIATES, L.P.
Plaintiff,
v.

:

:

UNITED STATES OF AMERICA,
acting through the DEFENSE LOGISTICS
AGENCY; and, PENNONI ASSOCIATES,
INC.
Defendants.

CIVIL ACTION
NO. 18-0730

:

:
ORDER

AND NOW, this 31st day of July, 2018, it is hereby ORDERED as follows:
(1)

Defendant United States’ Motion to Dismiss (ECF No. 11) is GRANTED;

(2)

Plaintiff’s Motion for Leave to File Response to Defendant United States’
Statement of Undisputed Facts (ECF No. 14) is DENIED as moot by
reason of this Court’s findings in its accompanying Memorandum;

(3)

Plaintiff’s Motion for Leave to File Surreply in Further Opposition to
Defendant’s Motion to Dismiss (ECF No. 15) is GRANTED and the Brief
attached thereto as “Exhibit A” (ECF No. 15-1) shall be deemed FILED as
of this day; and,

(4)

This Court declines to exercise supplemental jurisdiction over Plaintiff’s
state law claims against Defendant Pennoni and the same are hereby
DISMISSED without prejudice to any right Plaintiff might have to bring
same against said Defendant in State Court.

BY THE COURT:

/s/ C. Darnell Jones, II

J.