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08-643 - A. v. Oswald

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08-643 - A. v. Oswald
September 22, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendant Thomas Oswalds motion to dismiss, or in the alternative for more definite statement, is GRANTED in part, DENIED in part, and DENIED in part as moot; defendants motion to dismiss for lack of subject matter jurisdiction under Rule12(b)(1) is DENIED; defendants motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6) is GRANTED as to Counts I, II and III, and defendants alternative motion for more definite statement is DENIED as moot. [Doc. 13] IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over the state law claims in Counts IV, V and VI of the complaint and these counts are DISMISSED without prejudice.An appropriate order of dismissal will accompany this memorandum and MOTION to Dismiss Case or in the Alternative for More Definite Statement filed by Defendant Thomas Oswald. Signed by Honorable Charles A. Shaw on 9/22/08. (JWJ)