Doe K.B. v. Southeastern Pennsylvania Transportation Authority et al

Filing 31

ORDERED: THE SEPTA DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT IN PART (ECF NO. 8) IS GRANTED WITHOUT PREJUDICE AS TO COUNTS I, II, IV, AND VI;THE MOTION IS GRANTED AS UNCONTESTED AS TO COUNT V.IT IS FURTHERED ORDERED PLAINTIFF JANE DOE K.B. M AY FILE AN AMENDED COMPLAINTON OR BEFORE JULY 4, 2024. IF K.B. DOES NOT WISH TO AMEND HER COMPLAINT AND INSTEAD INTENDS TO STAND ON HER COMPLAINT AS ORIGINALLY PLED, SHE MAY FILE A NOTICE WITH THE COURT ON OR BEFORE JULY 4, 2024 STATING THAT INTENT, AT WHICH TIME THE COURT WILL ISSUE A FINAL ORDER DISMISSING COUNTS I, II, IV, V, AND VI WITH PREJUDICE AND REMANDING THIS CASE TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY PURSUANT TO 28 U.S.C. § 1367(C). IF K.B. FAILS TO FILE ANY RESPONSE TO THIS ORDER, THE COURT WILL CONCLUDE THAT SHE INTENDS TO STAND ON HER COMPLAINT AND WILL ISSUE A FINAL ORDER AS DESCRIBED ABOVE. SIGNED BY DISTRICT JUDGE JUAN R. SANCHEZ ON 6/4/2024. 6/4/2024 ENTERED AND COPIES E-MAILED.(sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JANE DOE K.B.
v.
SOUTHEASTERN PENNSYLVANIA
TRANSPORTATION AUTHORITY,
et al.

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CIVIL ACTION
No. 23-3900

ORDER
AND NOW, this 4th day of June, 2024, upon consideration of the SEPTA Defendants’
motion to Dismiss Plaintiff’s Complaint in Part Pursuant to Federal Rule of Civil Procedure
12(b)(6), Plaintiff Jane Doe K.B.’s response in opposition thereto, and the SEPTA Defendants’
reply, and for the reasons stated in the accompanying Memorandum, it is ORDERED:
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The SEPTA Defendants’ Motion to Dismiss Plaintiff’s Complaint in Part (ECF No. 8) is
GRANTED without prejudice as to Counts I, II, IV, and VI;

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The Motion is GRANTED as uncontested as to Count V.
It is FURTHERED ORDERED Plaintiff Jane Doe K.B. may file an Amended Complaint

on or before July 4, 2024. If K.B. does not wish to amend her Complaint and instead intends
to stand on her Complaint as originally pled, she may file a notice with the Court on or before
July 4, 2024 stating that intent, at which time the Court will issue a final order dismissing Counts
I, II, IV, V, and VI with prejudice and remanding this case to the Court of Common
Pleas of Philadelphia County pursuant to 28 U.S.C. § 1367(c). If K.B. fails to file any
response to this Order, the Court will conclude that she intends to stand on her Complaint and
will issue a final order as described above.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.