STURZENACKER v. CMC RESTORATION, INC. et al
ORDER THAT THE MOTION OF CMC AND KELLEY TO FILE A REPLY BRIEF, ECF NO. 6 , IS GRANTED; THE CLERK OF COURT IS DIRECTED TO DOCKET THE REPLY MEMORANDUM ATTACHED TO THE MOTION, ECF NO. 6 , AS HAVING BEEN FILED ON APRIL 5, 2017; THE MOTION TO DISMISS, ECF NO. 4 , IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. COUNTS II AND IV AGAINST CMC AND KELLEY, ONLY, ARE DISMISSED WITHOUT PREJUDICE; B. DEFENDANT KELLEY IS TERMINATED, WITHOUT PREJUDICE, AS A PARTY IN THIS ACTION; C. SRURZENACKER MAY FI LE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS COURTS OPINION AND ORDER; ON OR BEFORE JULY 14, 2017, THE PARTIES2 SHALL FILE BRIEFS DISCUSSING WHETHER OR NOT THIS COURT SHOULD EXERCISE SUPPLEMENTAL JURISDICTION AND SPECIFICALLY ADDRESSING THE APPLIC ABILITY OF 28 U.S.C. § 1367(C)(2); THE DEADLINE FOR STURZENACKER TO FILE AN AMENDED COMPLAINT IS STAYED UNTIL TWENTY DAYS AFTER THIS COURT ISSUES A DECISION ON WHETHER OR NOT IT WILL EXERCISE SUPPLEMENTAL JURISDICTION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/27/17. 6/29/17 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(mas, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
GLORIA STURZENACKER ,
CMC RESTORATION, INC.;
CHRISTOPHER & BRUMMETT, INC;
NOW, this 27th day of June, 2017, for the reasons set forth in the opinion issued this date,
IT IS HEREBY ORDERED THAT:
The motion of CMC and Kelley to file a reply brief, ECF No. 6, is GRANTED;
The Clerk of Court is DIRECTED to docket the Reply Memorandum attached to
the motion, ECF No. 6, as having been filed on April 5, 2017; 1
The Motion to Dismiss, ECF No. 4, is GRANTED in part and DENIED in part
Counts II and IV against CMC and Kelley, only, are DISMISSED
Defendant Kelley is TERMINATED, without prejudice, as a party in
Srurzenacker may file an amended complaint in accordance with this
Court’s opinion and order;
This Court considered the Reply brief when deciding the Motion to Dismiss.
On or before July 14, 2017, the parties 2 SHALL file briefs discussing whether
or not this Court should exercise supplemental jurisdiction and specifically addressing the
applicability of 28 U.S.C. § 1367(c)(2);
The deadline for Sturzenacker to file an amended complaint is stayed until twenty
days after this Court issues a decision on whether or not it will exercise supplemental
BY THE COURT:
/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Judge
To the extent that Sturzenacker may file an amended complaint reasserting claims against
Kelley, counsel are advised that the brief may contain arguments regarding the dismissed claims
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