Garrett v. Pennymac Loan Services et al

Filing 83

ORDER ADOPTING REPORT AND RECOMMENDATIONS (1) The Report and Recommendation 82 is ADOPTED as modified herein. (2) The Motions to Dismiss filed by Sheriff Martin 20 , Chase Defendants 49 , Duane Morris Defendants 52 , Delaware Defendants 58 , Gr enen & Birsic Defendants 65 , and Federal Agency Defendants 70 are GRANTED in part. (3) The Motion to Dismiss and for Sanctions filed by Pennymac Defendants 51 is GRANTED in part and DENIED in part. (4) All claims against Federal Agency Defendan ts and Delaware Defendants are DISMISSED without prejudice for lack of subject matter jurisdictions. SeeNew Jersey Physicians, Inc. v. President of U.S., 653 F.3d 234, 241 n.8 (3d Cir. 2011) (District Court's dismissal for lack of subject matter jurisdiction [is] by definition without prejudice.); Figueroa v. Buccaneer Hotel Inc., 188 F.3d 172, 182 (3d Cir. 1999) (a dismissal for lack of subject matter jurisdiction is not an adjudication on the merits and thus should be ordered without prej udice.). (5) All federal law claims against Sheriff Martin, Chase Defendants, Pennymac Defendants, Duane Morris Defendants, Grenen & Birsic Defendants, and Whitney K. Cook are DISMISSED with prejudice for failure to state a claim upon which relief ca n be granted. (6) Plaintiffs supplemental state law claims are DISMISSED without prejudice. (7) Pennymac Defendants request for sanctions is DENIED without prejudice. (8) The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 9/26/19. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JUNE GARRETT,
Plaintiff,

NO. 3:18-CV-0718

v.

(JUDGE CAPUTO)

PENNYMAC LOAN SERVICES, et al.,

(MAGISTRATE JUDGE SAPORITO)

Defendants.
ORDER
NOW, this 26th day of September, 2019, upon review of the Report and
Recommendation of Magistrate Judge Joseph F. Saporito, Jr. (Doc. 82) for plain error
or manifest injustice, IT IS HEREBY ORDERED that:
(1)

The Report and Recommendation (Doc. 82) is ADOPTED as modified herein.

(2)

The Motions to Dismiss filed by Sheriff Martin (Doc. 20), Chase Defendants
(Doc. 49), Duane Morris Defendants (Doc. 52), Delaware Defendants (Doc. 58),
Grenen & Birsic Defendants (Doc. 65), and Federal Agency Defendants (Doc.
70) are GRANTED in part.

(3)

The Motion to Dismiss and for Sanctions filed by Pennymac Defendants (Doc.
51) is GRANTED in part and DENIED in part.

(4)

All claims against Federal Agency Defendants and Delaware Defendants are
DISMISSED without prejudice for lack of subject matter jurisdictions. See
New Jersey Physicians, Inc. v. President of U.S., 653 F.3d 234, 241 n.8 (3d Cir.
2011) (“District Court's dismissal for lack of subject matter jurisdiction [is] by

definition without prejudice.”); Figueroa v. Buccaneer Hotel Inc., 188 F.3d 172,
182 (3d Cir. 1999) (“a dismissal for lack of subject matter jurisdiction is not an
adjudication on the merits and thus should be ordered without prejudice.”).
(5)

All federal law claims against Sheriff Martin, Chase Defendants, Pennymac
Defendants, Duane Morris Defendants, Grenen & Birsic Defendants, and
Whitney K. Cook are DISMISSED with prejudice for failure to state a claim
upon which relief can be granted.

(6)

Plaintiff’s supplemental state law claims are DISMISSED without prejudice.

(7)

Pennymac Defendants’ request for sanctions is DENIED without prejudice.

(8)

The Clerk of Court is directed to mark the case as CLOSED.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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