EXETER TOWNSHIP v. GARDECKI

Filing 17

ORDER THAT DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, ECF NO. 10 , IS GRANTED. THE CLAIM IN COUNT I ASSERTING A VIOLATION OF THE FEDERAL STORED COMMUNICATIONS ACT IS DISMISSED WITH PREJUDICE. THE STATE LAW CLAIMS IN COUNTS II AND III ARE DISMISSED WITHOUT PREJUDICE TO BE REFILED IN THE PROPER STATE COURT. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/10/19. 7/11/19 ENTERED AND COPIES E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
EXETER TOWNSHIP,
Plaintiff,
v.
ERIC GARDECKI,
Defendant.

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No. 5:18-cv-01723

ORDER
AND NOW, this 10th day of July 2019, upon consideration of Plaintiff’s First Amended
Complaint, ECF No. 9; Defendant’s Motion to Dismiss for Failure to State a Claim, ECF No. 10;
Plaintiff’s Response to Defendant’s Motion to Dismiss, ECF No. 12; Plaintiff’s Supplemental
Brief in Support of Its Opposition to Defendant’s Motion to Dismiss, ECF No. 14, and
Defendant’s Supplemental Brief, ECF No. 15, and for the reasons set forth in the accompanying
Opinion, IT IS ORDERED that:
1.
Defendant’s Motion to Dismiss for Failure to State a Claim, ECF No. 10, is
GRANTED.
2.
The Claim in Count I asserting a violation of the federal Stored Communications
Act is DISMISSED with prejudice. 1
3.
The state law claims in Counts II and III are DISMISSED without prejudice to
be refiled in the proper state court.
4.
The Clerk of Court is directed to CLOSE this case.
BY THE COURT:

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

1

The Court dismisses this claim with prejudice because permitting leave to amend a second
time would be futile. See Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000) (“‘Futility’ means
that the complaint, as amended, would fail to state a claim upon which relief could be granted.”).
1
071019