Tungsten Heavy Powder and Parts v. Global Tungsten & Powders Corporation et al

Filing 12

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that: Defendant Global Tungsten & Powders Corporation's 5 Motion to Dismiss the Complaint is GRANTED; Plaintiff Tungsten Heavy Powder and Parts, Inc.'s Co mplaint 1 is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff will have twenty-one (21) days from the date of this Order within which to file an amended complaint. (See Order for further details.) Signed by Honorable Matthew W. Brann on 2/1/2018. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TUNGSTEN HEAVY POWDER AND
PARTS, INC.,

No. 4:17-CV-01948
(Judge Brann)

Plaintiff.
v.
GLOBAL TUNGSTEN & POWDERS
CORPORATION and DOES 1-10,
Defendants.
ORDER
AND NOW, this 1st day of February 2018, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Defendant Global Tungsten & Powders Corporation’s Motion to
Dismiss the Complaint (ECF No. 5) is GRANTED.
2. Plaintiff Tungsten Heavy Powder and Parts, Inc.’s Complaint (ECF
No. 1) is DISMISSED without prejudice for lack of subject matter
jurisdiction.
3. Plaintiff will have twenty-one (21) days from the date of this Order
within which to file an amended complaint, to the extent it can do so
consistent with diversity of citizenship jurisdictional requirements
under 28 U.S.C. § 1332. In the event Plaintiff fails to file an amended

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pleading within the aforementioned timeframe, this civil action will be
closed by further Order of Court.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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