Flora et al v. Luzerne County of the Commonwealth of Pennsylvania et al

Filing 32

ORDER (memorandum filed previously as separate docket entry)(1)the plaintiffs motion to remand, (Doc. No. 12), is GRANTED;(2)the instant action is REMANDED to the Luzerne County Court of Common Pleas; and(3)the defendants motion to dismiss the amended complaint, (Doc. No. 11), and the defendants motion to disqualify plaintiffs counsel, (Doc. No. 15), are DISMISSED WITHOUT PREJUDICE to re-filing, in the state court.Signed by Honorable Malachy E Mannion on 8/26/13. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA AL FLORA, JR., CHARLES HAMMONDS, JOSHUA LOZANO, ADAM DUREN and STEVEN ALLABAUGH, on behalf of themselves and all others similarly situated, : : : : CIVIL ACTION NO. 3:13-1478 : (JUDGE MANNION) Plaintiffs v. : LUZERNE COUNTY of the COMMONWEALTH OF PENNSYLVANIA and ROBERT C. LAWTON, COUNTY MANAGER, in his official capacity, : : : Defendants : ORDER In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) the plaintiff’s motion to remand, (Doc. No. 12), is GRANTED; (2) the instant action is REMANDED to the Luzerne County Court of Common Pleas; and (3) the defendants’ motion to dismiss the amended complaint, (Doc. No. 11), and the defendants’ motion to disqualify plaintiffs’ counsel, (Doc. No. 15), are DISMISSED WITHOUT PREJUDICE to re-filing, in the state court. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Date: August 26, 2013 O:\Mannion\shared\MEMORANDA - DJ\2013 MEMORANDA\13-1478-01-ORDER.wpd 2

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