STURZENACKER v. CMC RESTORATION, INC. et al

Filing 14

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 ,
Plaintiff,

:
:
:
v.
:
:
CMC RESTORATION, INC.;
:
CHRISTOPHER & BRUMMETT, INC;
:
DAVID KELLEY,
:
Defendants.
:
__________________________________________

No. 5:17-CV-00113-JFL

ORDER
NOW, this 27th day of June, 2017, for the reasons set forth in the opinion issued this date,
IT IS HEREBY ORDERED THAT:
1.

The motion of CMC and Kelley to file a reply brief, ECF No. 6, is GRANTED;

2.

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
3.

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 file an amended complaint in accordance with this
Court’s opinion and order;

1

This Court considered the Reply brief when deciding the Motion to Dismiss.
1

4.

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);
5.

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.

BY THE COURT:

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

2

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
against Kelley.
2