Phillipsburg Rod and Gun Club v. Commonwealth Of Pennsylvania

Filing 28

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiff's Breach of Contract claim (Count VI) and Defendant Commonwealth of Pennsylvania are DISMISSED from this action without prejudice with leave for Plaintiff to re-file its breach of contract claim against Defendant Commonwealth of Pennsylvania in its Board of Claims. Plaintiff's 2 MOTION for Preliminary Injunction is DENIED without prejudice with leave to refile in the Board of Claims. The Temporary Restraining Order issued by this Court on 4/5/2018 remains in full force and effect until modified or terminated by the Board of Claims. (See Order for further details.) Signed by Honorable Matthew W. Brann on 5/8/2018. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:18-CV-00566

PHILLIPSBURG ROD AND GUN
CLUB,

(Judge Brann)
Plaintiff,
v.
COMMONWEALTH OF
PENNSYLVANIA, CHRISTOPHER
REESE, JOHN NORBECK, JOHN
HALLAS.
Defendants.
ORDER
AND NOW, this 8th day of May 2018, in accordance with the accompanying
Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Plaintiff’s Breach of Contract claim (Count VI) and Defendant
Commonwealth of Pennsylvania are DISMISSED from this action without
prejudice with leave for Plaintiff to re-file its breach of contract claim
against Defendant Commonwealth of Pennsylvania in its Board of Claims.
2. Plaintiff’s Motion for Emergency Preliminary Injunction, March 9, 2018,
ECF No. 2, is DENIED without prejudice with leave to refile in the Board of
Claims.
3. The Temporary Restraining Order issued by this Court on April 5, 2018,
temporarily enjoining the Commonwealth and its agencies from evicting

Plaintiff from the leased premises at issue in Black Moshannon State Park
remains in full force and effect until modified or terminated by the Board of
Claims.
4. “By order of the United States court… the matter is dismissed by the United
States court for lack of jurisdiction,” therefore the breach of contract claim
and motion for preliminary injunction may be transferred to the
Commonwealth of Pennsylvania’s Board of Claims pursuant to 42 Pa.
C.S.A. § 5103(b).
5. This Court does, however, retain jurisdiction over Counts one through five
and the three individual Defendants. An answer or responsive pleading
pursuant to the Federal Rules of Civil Procedure shall be filed in accordance
with the time limits prescribed by the rules.

BY THE COURT:

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

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