DEARDEN et al v. FCA US LLC et al

Filing 96

ORDER THAT FCAS MOTION TO SEVER AND TRANSFER VENUE, ECF NO. 47 , IS GRANTED, DEARDENS MOTION TO REMAND, ECF NO. 30 , IS GRANTED IN PART, AND ROSNERS MOTION TO REMAND, ECF NO. 37 , IS GRANTED IN PART. IT IS ORDERED AS FOLLOWS: A. ALL CLAIMS AGAINST FCA ARE SEVERED AND TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FOR REFERRAL TO THE UNITED STATES BANKRUPTCY COURT IN THAT DISTRICT; AND B. THIS CASE, WHICH NO LONGER INCLUDES CLAIMS AGAINST FCA, IS REMANDED TO THE COURT OF COMMON PLEAS FOR PHILADELPHIA COUNTY; FCAS MOTION TO STAY, ECF NO. 46 , IS DENIED AS MOOT; THE TRUCKING DEFENDANTS MOTION TO STRIKE AND DISMISS, ECF NO. 56 , IS DENIED WITHOUT PREJUDICE TO RENEW IN THE STATE COURT AFTER REMAND; AND HAVING TRANSFERRED OR REMANDED ALL CLAIMS, THE ABOVE-CAPTIONED ACTION IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/31/17. 3/31/17 ENTERED AND COPIES MAILED ATTORNEY AND UNREPS, E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
DAVID DEARDEN et al.,
Plaintiffs,

:
:
:
v.
:
:
FCA US LLC et al.,
:
Defendants.
:
__________________________________________

No. 5:16-cv-00713

ORDER
NOW, this 31st day of March, 2017, for the reasons set forth in the Opinion issued this
date, IT IS HEREBY ORDERED THAT:
1.
FCA’s Motion to Sever and Transfer Venue, ECF No. 47, is GRANTED,
Dearden’s Motion to Remand, ECF No. 30, is GRANTED in part, and Rosner’s Motion to
Remand, ECF No. 37, is GRANTED in part. IT IS ORDERED AS FOLLOWS:
A.
All claims against FCA are SEVERED and TRANSFERRED to the
United States District Court for the Southern District of New York for referral to the
United States Bankruptcy Court in that district; and
B.
This case, which no longer includes claims against FCA, is REMANDED
to the Court of Common Pleas for Philadelphia County;
2.

FCA’s Motion to Stay, ECF No. 46, is DENIED as moot;

3.
The Trucking Defendants’ Motion to Strike and Dismiss, ECF No. 56, is
DENIED without prejudice to renew in the state court after remand; and
4.
CLOSED.

Having transferred or remanded all claims, the above-captioned action is
BY THE COURT:

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