STURZENACKER v. CMC RESTORATION, INC. et al, No. 5:2017cv00113 - Document 14 (E.D. Pa. 2017)

Court Description: ORDER THAT THE MOTION OF CMC AND KELLEY TO FILE A REPLY BRIEF, ECF NO. 6 , IS GRANTED; THE CLERK OF COURT IS DIRECTED TO DOCKET THE REPLY MEMORANDUM ATTACHED TO THE MOTION, ECF NO. 6 , AS HAVING BEEN FILED ON APRIL 5, 2017; THE MOTION TO DISMISS, ECF NO. 4 , IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. COUNTS II AND IV AGAINST CMC AND KELLEY, ONLY, ARE DISMISSED WITHOUT PREJUDICE; B. DEFENDANT KELLEY IS TERMINATED, WITHOUT PREJUDICE, AS A PARTY IN THIS ACTION; C. SRURZENACKER MAY FI LE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS COURTS OPINION AND ORDER; ON OR BEFORE JULY 14, 2017, THE PARTIES2 SHALL FILE BRIEFS DISCUSSING WHETHER OR NOT THIS COURT SHOULD EXERCISE SUPPLEMENTAL JURISDICTION AND SPECIFICALLY ADDRESSING THE APPLIC ABILITY OF 28 U.S.C. § 1367(C)(2); THE DEADLINE FOR STURZENACKER TO FILE AN AMENDED COMPLAINT IS STAYED UNTIL TWENTY DAYS AFTER THIS COURT ISSUES A DECISION ON WHETHER OR NOT IT WILL EXERCISE SUPPLEMENTAL JURISDICTION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/27/17. 6/29/17 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(mas, )