Miller v. Pocono Ranch Lands Property Owners Association, Inc. et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; ORDER DISMISSING CASE; granting 50 Motion to Dismiss for Failure to State a Claim; granting 52 Motion to Dismiss for Failure to State a Claim; adopting 63 Report and Recommendations. The Clerk shall close this case.Signed by Honorable Joel H. Slomsky on 1/7/2013. (bg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARLENE S. MILLER,
Plaintiff,

CIVIL ACTION
NO. 3:11-0317

v.
POCONO RANCH LANDS PROPERTY
OWNERS ASSOCIATION, INC.,
KATHLEEN SIMONCIC, ROY
BORGFIELD, PAUL D. MENDITTO,
DAVID CAVANAUGH, LEHMAN
TOWNSHIP PLANNING COMMISSION,
RCHARD C. VOLLMER,
Defendants.
ORDER

AND NOW, this 7th day of January 2013, upon consideration of the Association

Defendants' Motion to Dismiss (Doc. No. 50), the Lehman Township Defendants' Motion to
Dismiss (Doc. No. 52), Brief in Support of Lehman Defendants' Motion (Doc. No. 57), brief in
Support of Association Defendants' Motion (Doc. No. 58), Plaintiffs Briefs in Opposition (Doc.
No. 60, 62), the Report and Recommendation filed by United States Magistrate Judge Malachy
E. Mannion (Doc. No. 63), and after an independent review of the pertinent record, it is
ORDERED that:

1.

The Report and Recommendation of United States Magistrate Judge Malachy E.
Mannion (Doc. No. 63) is APPROVED and ADOPTED.

2.

The Association Defendants' Motion to Dismiss Plaintiffs Third Amended
Complaint (Doc. No. 50) is GRANTED. 1

1

Judge Mannion notes on page 2 of the Report and Recommendation that the
"Association Defendants" include Borgfield, Cavanaugh, Mendito, Pocono Ranch Lands

3.

The Lehman Township Defendants' Motion to Dismiss Plaintiffs Third
Amended Complaint (Doc. No. 52) is GRANTED?

4.

This Court dismisses Plaintiffs federal claims and declines to exercise
supplemental jurisdiction over the remaining state law claims.

5.

The Clerk of Court shall close the above-captioned matter.
BY THE COURT:

Property Owners Association, Inc., and Simoncic.
2

Judge Mannion notes on page 3 of the Report and Recommendation that the "Lehman
Township Defendants" include Lehman Township Planning Commission and Defendant
Vollmer.