COUNTY OF NORTHAMPTON v. RAM CONSTRUCTION SERVICES OF CLEVELAND, LLC

Filing 25

ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO JOIN THIRD PARTY DEFENDANT AND OR DISMISSAL OF THE ACTION IS HEREBY GRANTED. THE CASE IS DISMISSED UNDER FRCP 12(b)(1) FOR LACK OF SUBJECT MATTER JURISDICTION AND REMANDED TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. THE MOTION TO MODIFY THE SCHEDULING ORDER IS DENIED AS MOOT. THE CLERK SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/11/2013. 3/11/2013 ENTERED AND COPIES E-MAILED.(kp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA COUNTY OF NORTHAMPTON, Plaintiff, v. CIVIL ACTION NO. 12-5958 RAM CONSTRUCTION SERVICES OF CLEVELAND, LLC, Defendant. ORDER AND NOW, this 11th day of March, 2013, upon consideration of Plaintiff’s Motion for Leave to Join Third Party Defendant and/or Dismissal of the Action (ECF 13), and for the reasons stated in the accompanying Memorandum of Law, it is hereby ORDERED: 1. Plaintiff’s Motion for Leave to Join Third Party Defendant and/or Dismissal of the Action (ECF 17) is GRANTED. 2. The case is DISMISSED under Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction and remanded to the Court of Common Pleas of Northampton County. 3. The Motion to Modify the Scheduling Order (ECF 15) is DENIED as moot. 4. The clerk shall close this case. BY THE COURT: /s/ Michael M. Baylson Michael M. Baylson, U.S.D.J. O:\CIVIL 12\12-5958 CTY NORTHAMPTON V. RAM CONSTRUCTION\ORDER JOINDER - 3-11-13.DOCX

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