SWAYNE v. MOUNT JOY WIRE CORPORATION

Filing 46

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED THAT THE CLERK OF COURT MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/29/2012. 3/30/2012 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES W. SWAYNE,
Plaintiff
vs.
MOUNT JOY WIRE CORPORATION,
Defendant

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Civil Action
No. 10-cv-03969

O R D E R
NOW, this 29th day of March, 2012, upon consideration
of the Motion to Dismiss Amended Complaint Pursuant to Federal
Rule of Civil Procedure 12(b)(6) (Document 34), together with a
Memorandum in Support of Defendant’s Motion to Dismiss
Plaintiff’s Amended Complaint Pursuant to [sic] (Document 35),
which

motion and memorandum were filed by defendant on May 24,

2011; upon consideration of Plaintiff’s Opposition to Defendant’s
Motion to Dismiss Plaintiff’s Amended Complaint Pursuant to Rule
12(b)(6) of the Federal Rules of Civil Procedure, which
opposition was filed June 6, 2011 (Document 39); and for the
reasons articulated in the accompanying Opinion,
IT IS ORDERED that defendant’s motion to dismiss is
granted.1
1
Defendant’s motion to dismiss is granted to the extent that it
seeks dismissal of plaintiff’s Amended Complaint for failure to state a claim
under section 301 of the Labor Management Relations Act, 29 U.S.C. §§ 141-187.

Because I grant defendant’s motion to dismiss in this respect, I
dismiss defendant’s motion to dismiss as moot to the extent that it contends
that: (1) plaintiff’s claims are untimely; (2) Count I of plaintiff’s Amended
Complaint fails to state a claim for defamation under Pennsylvania and federal
(Footnote 1 continued):

IT IS FURTHER ORDERED that plaintiff’s Amended
Complaint is dismissed with prejudice.
IT IS FURTHER ORDERED that the Clerk of Court mark this
case closed for statistical purposes.

BY THE COURT:
/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

(Continuation of footnote 1):
law; and (3) Count III of plaintiff’s Amended Complaint is barred by the
doctrine of collateral estoppel.

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