Criscitello v. MHM Services, Inc. et al

Filing 44

ORDER: In conformity with this court's Memorandum (filed previously as separate docket entry 43 ), IT IS ORDERED THAT: defendant's motion 26 for partial summary judgment is GRANTED as to plaintiff's claims arising under the FMLA; plaintiff's state law claims for breach of contract, unjust enrichment, negligent misrepresentation, fraud and violation of the PA Wage Payment and Collection Law are DISMISSED without prejudice so that plaintiff may re-file these claims in the appropriate state court; plaintiff's motion 37 to strike the declarations of John Wilson and Joel Andrade is DISMISSED as moot; the clerk is directed to CLOSE the case. Signed by Honorable Matthew W. Brann on 8/9/13. (km)

Criscitello v. MHM Services, Inc. et al

Doc. 44

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AMY D. CRISCITELLO,
Plaintiff,
v.
MHM SERVICES, INC.,
MHM CORRECTIONAL
SERVICES,
INC., and SANDRA CHEREWKA
Defendants.

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Civil Action No.
4:10-CV-02004
(Judge Brann)

ORDER
August 9, 2013
AND NOW, this 9th day of August, 2013, the Court Orders and Directs as
follows:
1.

Defendants’ Motion for Partial Summary Judgment is GRANTED as
to Plaintiff’s claims arising under the FMLA. ECF No. 25.

2.

Plaintiff’s state law claims for breach of contract, unjust enrichment,
negligent misrepresentation, fraud, and violation of the Pennsylvania
Wage Payment and Collection Law are DISMISSED without
prejudice so that Plaintiff may re-file these claims in the appropriate
state court.

Dockets.Justia.com

3.

Plaintiff’s Motion to Strike the Declarations of John Wilson and Joel
Andrade is DISMISSED as moot. ECF No. 37.

4.

The clerk is directed to CLOSE the case.

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BY THE COURT:
s/Matthew W. Brann
Matthew W. Brann
United States District Judge