Zawatsky et al v. Jeddo Stars Athletic Association et al

Filing 23

ORDER (memorandum filed previously as separate docket entry), (1) The plaintiffs motion to remand, (Doc. 4), is GRANTED;(2)The defendants motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), (Doc. 7, Doc. 12), are DISMISSED WITHOUT PREJUDICE to re-f iling in the state court;(3)The plaintiffs motion to stay, (Doc. 8), is MOOT; and(4) The case is REMANDED to the Pennsylvania Court of Common Pleas for Luzerne County.(5)The plaintiffs requests attorneys fees and costs is DENIED. Each party is to bear their own costs.Signed by Honorable Malachy E Mannion on 9/19/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH ZAWATSKY and
JOHN TATE,

:
:

Plaintiffs,

CIVIL ACTION NO. 3:16-1725
:

v.

(JUDGE MANNION)
:

JEDDO STARS ATHLETIC
ASSOCIATION, et al.,

:
:

Defendants
ORDER
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED, THAT:
(1)

The plaintiffs’ motion to remand, (Doc. 4), is GRANTED;

(2)

The defendants’ motions to dismiss pursuant to Fed.R.Civ.P.
12(b)(6), (Doc. 7, Doc. 12), are DISMISSED WITHOUT
PREJUDICE to re-filing in the state court;

(3)

The plaintiffs’ motion to stay, (Doc. 8), is MOOT; and

(4)

The case is REMANDED to the Pennsylvania Court of Common
Pleas for Luzerne County.

(5)

The plaintiffs requests attorneys’ fees and costs is DENIED. Each
party is to bear their own costs.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Dated: September 19, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-1725-01-Order.wpd

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