STURZENACKER v. CMC RESTORATION, INC. et al

Filing 19

ORDER THAT THIS COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER COUNTS II, III, IV, V, AND VI PURSUANT TO 28 U.S.C. § 1367(C)(2). COUNTS II, III, IV, V, AND VI ARE SEVERED FROM THE COMPLAINT, AND DISMISSED WITHOUT PREJUDICE TO AN ACTION TO BE FILED IN STATE COURT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/27/17. 8/1/17 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; and
:
DAVID KELLEY,
:
Defendants.
:
__________________________________________

No. 5:17-CV-00113-JFL

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

This Court declines to exercise supplemental jurisdiction over Counts II, III, IV,

V, and VI pursuant to 28 U.S.C. § 1367(c)(2).
2.

Counts II, III, IV, V, and VI are SEVERED from the Complaint, 1 and

DISMISSED without prejudice to an action to be filed in state court. 2

BY THE COURT:

/s/ Joseph F. Leeson, Jr.___________
JOSEPH F. LEESON, JR.
United States District Judge
1

See Fed. R. Civ. P. 21 (“The court may also sever any claim against a party.”).
“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).
2

1