KEAN et al v. COUNTY OF LANCASTER et al

Filing 57

ORDER THAT DEFENDANTS MOTIONS TO DISMISS ARE GRANTED. COUNT I OF PLAINTIFFS COMPLAINT IS DISMISSED WITH PREJUDICE. THIS COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFFS REMAINING STATE LAW CLAIMS (COUNT II AND III). THIS MATTER SHALL BE MARKED CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/28/12. 2/29/12 ENTERED AND E-MAILED.(jl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EARL KEAN and LINDA KEAN, Plaintiffs, v. KENNETH HENRY, CHARLES KRAUS, III, MICHAEL LYONS, SR., GORDON BERLIN, WEST DONEGAL TOWNSHIP, MOUNT JOY TOWNSHIP, and ELIZABETHTOWN BOROUGH, Defendants. : : : : : : : : : : : : CIVIL ACTION NO. 09-567 ORDER AND NOW, this 28th day of February, 2012, upon consideration of Defendants’ Motions to Dismiss (Dkt. Nos. 28, 32, 33 and 36), Plaintiffs’ Opposition thereto (Dkt. No. 37), Defendant Elizabethtown Borough’s Reply (Dkt. No. 39), and Plaintiffs’ Sur-Reply (Dkt. No. 44) it is hereby ORDERED as follows: 1. Said Motions are GRANTED; 2. Count I of Plaintiffs’ Complaint is DISMISSED with prejudice; 3. This Court declines to exercise supplemental jurisdiction over Plaintiffs’ remaining state law claims (Counts II and III); and 3. This matter shall be marked CLOSED for all purposes, including statistics. BY THE COURT: /s/ C. Darnell Jones, II C. DARNELL JONES, II, J.

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