EPPENSTEIN et al v. BERKS PRODUCTS CORP. et al

Filing 49

OPINION/ORDER THAT THE OUTSTANDING MOTIONS TO DISMISS (DOC. NOS. 25, 26, 27, 42) ARE GRANTED IN PART, DENIED IN PART, AND DENIED AS MOOT. IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 11/6/15. 11/6/15 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JIM EPPENSTEIN and DEBORAH
EPPENSTEIN,
Plaintiffs,
v.
BERKS PRODUCTS CORP., BERKS
COUNTY COMMISSIONERS,
MUHLENBERG SCHOOL DISTRICT, and
MUHLENBERG TOWNSHIP
AUTHORITY,
Defendants.

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CIVIL ACTION NO. 15-2188

ORDER
AND NOW, this 6th day of November, 2015, after reviewing all outstanding motions,
supporting briefs, and responsive briefs; and after reviewing the amended complaint (Doc. No.
30); and after oral argument held before the undersigned on October 16, 2015; and for the
reasons expressed in the accompanying memorandum opinion; accordingly, it is hereby
ORDERED that the outstanding motions to dismiss (Doc. Nos. 25, 26, 27, 42) are GRANTED
IN PART and DENIED IN PART as follows:
1.

The motions, insofar as some of the defendants request that the court dismiss all

federal claims for failure to comply with the statutory notice requirements, are GRANTED and
all federal claims are DISMISSED WITHOUT PREJUDICE;
2.

The motions, insofar as some of the defendants request that the court decline to

exercise supplemental jurisdiction over any related state-law claims, are GRANTED and any
related state-law claims are DISMISSED WITHOUT PREJUDICE; and
3.

In all other respects, the motions are DENIED AS MOOT.

IT IS FURTHER ORDERED that the clerk of court is DIRECTED to mark this matter
as CLOSED.
BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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