BRICE et al v. HOFFERT et al

Filing 219

ORDER/OPINION THAT THE COMPLAINT IS DISMISSED FOR LACK OF JURISDICTION; ALL PENDING MOTIONS ARE DENIED AS MOOT; AND THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/13/16. 9/13/16 ENTERED AND COPIES E-MAILED.(ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
KENNETH BRICE and
CHRISTINE BRICE,
Plaintiffs,

:
:
:
:
v.
:
:
JOHN HOFFERT, THOMAS L. KLONIS,
:
HOFFERT & KLONIS, P.C., KIM BAUER,
:
Defendants.
:
_______________________________________

No. 5:15-cv-4020

ORDER
AND NOW, this 13th day of September, upon consideration of the parties’ Motions for
Summary Judgment and respective briefs thereto, and for the reasons set forth in the
Memorandum issued this date, IT IS ORDERED THAT:
1.

Defendant Kim Bauer’s Motion for Summary Judgment, ECF No. 112, is
GRANTED in part:
A.

Judgment is ENTERED in favor of Defendant Kim Bauer, and against
Plaintiffs, on Counts I, II, and III only;

B.

This Court declines to exercise supplemental jurisdiction over the
remaining state law claims against Kim Bauer and they are DISMISSED
without prejudice to an action to be filed in state court; 1

2.
3.

The Complaint is DISMISSED for lack of jurisdiction;

4.

All pending motions are DENIED as moot; and

5.

1

The Attorney Defendants’ Motion to Dismiss for Lack of Jurisdiction, ECF No.
148, is GRANTED;

The case is CLOSED.

“The period of limitations for any claim asserted under subsection (a) . . . shall be tolled
while the claim is pending and for a period of 30 days after it is dismissed unless State law
provides for a longer tolling period.” 28 U.S.C. § 1367(d).

BY THE COURT:

/s/ Joseph F. Leeson, Jr._______
JOSEPH F. LEESON, JR.
United States District Judge