RITE AID HDQTRS CORP. v. CRAYTON LANDSCAPING AND BUILDING MAINTENANCE, INC. et al

Filing 13

ORDER THAT THE PLAINTIFF'S MOTION TO REMAND IS GRANTED. THIS CASE IS REMANDED TO THE COURT OF COMMON PLEAS OF PHILADLEPHIA COUNTY. DEFENDANTS' MOTION TO DISMISS FOR IMPROPER VENUE, OR ALTERNATIVELY, TO TRANSFER VENUE IS DENIED AS MOOT. THE CLERK OF COURT SHALL MARK THIS CASE AS CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/5/2013. 8/6/2013 ENTERED AND COPIES E-MAILED.(jmg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _____________________________________ : RITE AID HDQTRS CORP. d/b/a : RITE AID CORPORATION, : : CIVIL ACTION Plaintiff, : : v. : : CRAYTON LANDSCAPING AND : No. 12-05775 BUILDING MAINTENANCE, INC., : : and : : AUTO-OWNERS INSURANCE : COMPANY : : Defendants. : ____________________________________ : ORDER AND NOW, this 5th day of August, 2013, upon consideration of “Plaintiff’s Motion to Remand to State Court,” (Doc. No. 6), and “Defendants’ Motion to Dismiss For Improper Venue or, Alternatively, To Transfer Venue Pursuant to 28 U.S.C. § 1404(a), to the United States District Court for the Northern District of Ohio, Cleveland Division,” (Doc. No. 5), and the responses and reply thereto, and for the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that: — Plaintiff’s motion to remand is GRANTED. This case is REMANDED to the Court of Common Pleas of Philadelphia County. — Defendants’ motion to dismiss for improper venue, or alternatively, to transfer venue is DENIED as moot. — The Clerk of Court shall mark this case as CLOSED. BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J.

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