Stephens v. Clash

Filing 27

ORDER (memorandum filed previously as separate docket entry) re: memo 26 - It is hereby ORDERED that: 1. Motion to transfer or stay action 11 deemed voluntarily WITHDRAWN.; 2. Deft's MTD 11 GRANTED w/ prejudice as to Counts II & III.; 3. P ltf shall file br re: issue of subject-matter jurisdiction over Count I by close of business on 12/2/13 w/ deft to file br in response by 12/9/13 & pltf permitted to file br in reply by 12/11/13. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/18/13. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SHELDON STEPHENS,
Plaintiff,
v.
KEVIN CLASH,
Defendant.

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:13-CV-712
(Chief Judge Conner)

ORDER
AND NOW, this 18th day of November, 2013, upon consideration of the
motion (Doc. 11) to transfer, stay, or dismiss the above-captioned action under
Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief
can be granted, filed by defendant Kevin Clash, and for the reasons discussed in the
accompanying Memorandum, it is hereby ORDERED that:
1.

The motion to transfer or stay the action (Doc. 11) is deemed
voluntarily WITHDRAWN.

2.

Defendant’s motion to dismiss (Doc. 11) is GRANTED with prejudice
as to Counts II and III.

3.

In light of the court’s decision regarding Counts II and III, Plaintiff
Sheldon Stephens shall file a brief regarding the issue of subjectmatter jurisdiction over Count I by the close of business on
December 2, 2013. Defendant shall file a brief in response on or before
December 9, 2013. Plaintiff shall be permitted to file a brief in reply on
or before December 11, 2013.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania