EPPENSTEIN et al v. BERKS PRODUCTS CORP. et al, No. 5:2015cv02188 - Document 49 (E.D. Pa. 2015)

Court Description: OPINION/ORDER THAT THE OUTSTANDING MOTIONS TO DISMISS (DOC. NOS. 25, 26, 27, 42) ARE GRANTED IN PART, DENIED IN PART, AND DENIED AS MOOT. IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 11/6/15. 11/6/15 ENTERED AND COPIES E-MAILED. (ky, )

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EPPENSTEIN et al v. BERKS PRODUCTS CORP. et al Doc. 49 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JIM EPPENSTEIN and DEBORAH EPPENSTEIN, Plaintiffs, v. BERKS PRODUCTS CORP., BERKS COUNTY COMMISSIONERS, MUHLENBERG SCHOOL DISTRICT, and MUHLENBERG TOWNSHIP AUTHORITY, Defendants. : : : : : : : : : : : : : : CIVIL ACTION NO. 15-2188 ORDER AND NOW, this 6th day of November, 2015, after reviewing all outstanding motions, supporting briefs, and responsive briefs; and after reviewing the amended complaint (Doc. No. 30); and after oral argument held before the undersigned on October 16, 2015; and for the reasons expressed in the accompanying memorandum opinion; accordingly, it is hereby ORDERED that the outstanding motions to dismiss (Doc. Nos. 25, 26, 27, 42) are GRANTED IN PART and DENIED IN PART as follows: 1. The motions, insofar as some of the defendants request that the court dismiss all federal claims for failure to comply with the statutory notice requirements, are GRANTED and all federal claims are DISMISSED WITHOUT PREJUDICE; 2. The motions, insofar as some of the defendants request that the court decline to exercise supplemental jurisdiction over any related state-law claims, are GRANTED and any related state-law claims are DISMISSED WITHOUT PREJUDICE; and 3. In all other respects, the motions are DENIED AS MOOT. Dockets.Justia.com IT IS FURTHER ORDERED that the clerk of court is DIRECTED to mark this matter as CLOSED. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J. 2

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