PATEL v. SMITH et al, No. 2:2010cv04165 - Document 16 (E.D. Pa. 2011)
Court Description: OPINION/ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED. COUNT 3 OF THE COMPLAINT, TO THE EXTENT IT RELIES UPON 18 U.S.C. 1343, IS DISMISSED WITH PREJUDICE. ALL OTHER COUNTS ARE DISMISSED; AND PLAINTIFF MAY AMEND THE COMPLAINT TO ALLEGE THE PRESENCE OF DIVERSITY JURISDICTION NOT LATER THAN 15 DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE LOUIS H. POLLAK ON 7/11/11. 7/12/11 ENTERED AND COPIES E-MAILED.(ky, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HIREN PATEL, Plaintiff, Civil Action v. No. 10-4165 SHARON K. SMITH, NICOLE JOHNSON, and SJ SUBS, LLC, Defendants. ORDER AND NOW, this 11th day of July, 2011, upon consideration of plaintiff s complaint, defendants motion to dismiss, defendants memorandum in support of that motion, and plaintiff s memorandum in opposition to that motion, and for the reasons provided in the accompanying memorandum, it is hereby ORDERED that: 1. Defendants motion to dismiss (Docket No. 4) is GRANTED; 2. Count 3 of the complaint, to the extent it relies upon 18 U.S.C. ยง 1343, is DISMISSED with prejudice; 3. All other Counts are DISMISSED; and 4. Plaintiff may amend the complaint to allege the presence of diversity jurisdiction not later than 15 days from the date of this order. BY THE COURT /s/ Louis H. Pollak Pollak, J.
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