SIGUENZA v. CITY OF READING et al

Filing 39

ORDER THAT DEFENDANTS' MOTION TO DISMISS, ECF NO. 32, IS GRANTED. PLAINTIFF'S CLAIMS SET FORTH IN COUNT V, COUNT VI, COUNT VII, COUNT VIII, COUNT IX, AND COUNTS IX ARE DISMISSED WITH PREJUDICE. THIS COURT DECLINES TO EXERCISE SUPP LEMENTAL OVER THE REMAINING STATE LAW CLAIMS. THE CLERK OF COURT SHALL REMAND THIS MATTER TO THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA, JULY TERM, 2017, DOCKET NO. 17-14708. THE CLERK OF COURT SHALL SEND A CERTIFIED COPY OF THIS ORDER TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA. THIS CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/9/18. 1/10/18 ENTERED AND COPIES MAILED TO PLAINTIFF, CERTIFIED COPY TO PROTHONOTARY OF BERKS, E-MAILED.(er, ) Modified on 1/10/2018 (er, ).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ SERJIO ENRIQUE SIGUENZA, Plaintiff, : : : v. : : CITY OF READING; WILLIAM M. HEIM; : JESUS SANTIAGO; ERIC KOLLER; : SANDHU AND SONS, INC.; : MCLANE COMPANY, INC.; : MCLANE FOOD SERVICE, INC.; : MCLANE GROCERY, INC.; SUNOCO, LP, : Defendants. : ___________________________________________ No. 5:17-cv-03482 ORDER AND NOW, this 9th day of January, 2018, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT: 1. Defendants’ Motion to Dismiss, ECF No. 32, is GRANTED. 2. Plaintiff’s claims set forth in Count V, Count VI, Count VII, Count VIII, Count IX, and Counts IX 1 are DISMISSED with prejudice. 3. This Court declines to exercise supplemental over the remaining state law claims. 4. The Clerk of Court shall REMAND this matter to the Court of Common Pleas of Berks County, Pennsylvania, July Term, 2017, Docket No. 17-14708. 5. The Clerk of Court shall send a certified copy of this Order to the Prothonotary of the Court of Common Pleas of Berks County, Pennsylvania. 6. This case is CLOSED. BY THE COURT: /s/ Joseph F. Leeson, Jr._____________ JOSEPH F. LEESON, JR. United States District Judge 1 Plaintiff’s Complaint has two counts labeled as “IX”, both of which are dismissed. 1 010918

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