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07-1729 - OBERLE v. CITY OF DUQUESNE


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07-1729 - OBERLE v. CITY OF DUQUESNE
April 17, 2008
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ORDER: AND NOW, this 16th day of April, 2008, after careful consideration of the submissions of the parties and for the reasons set forth in the Opinion accompanying this Order, it is ordered that Defendant City of Duquesne's Motion to Dismiss (Docket No. 12) is GRANTED. Counts I and II of Plaintiff's Amended Complaint are dismissed without prejudice for failure to state a claim upon which relief may be granted. Plaintiff's state law claims are dismissed without prejudice for lack of jurisdiction pursuant to 28 U.S.C. ยง 1367. Plaintiff may file a Second Amended Complaint curing the deficiencies outlined in the Opinion accompanying this Order. Plaintiff's Second Amended Complaint, if filed, is due on or before April 28, 2008, and Defendant's Response to Plaintiff's Second Amended Complaint, if filed, is due on or before May 8, 2008. No extensions will be granted absent leave of court. Signed by Judge Donetta W. Ambrose on 4/16/08. (jlh ) Modified text on 4/18/2008 (jsp).