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17-371 - KORENY v. SMITH et al


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17-371 - KORENY v. SMITH et al
March 2, 2018
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MEMORANDUM OPINION indicating that for the reasons stated in the opinion, the motion to dismiss (ECF No. 13) filed by defendants Farrell Wagner, Christian Heynes, in their individual and official capacities, and defendant Borough of Brentwood will be granted in part, and Counts I and II of the Complaint (ECF No. 1) will be dismissed with prejudice; the motion to amend (ECF No. 37) will be denied as futile; and the court will decline supplemental jurisdiction over Counts III, IV, and V of the Complaint (ECF No. 1) and the cross-claim filed by defendant Richard Smith against defendants Farrell Wagner, Christian Heynes and the Borough of Brentwood, and will dismiss Counts III, IV, and V of the Complaint and the cross-claim without prejudice to be restated in an appropriate state forum. An appropriate order will follow. Signed by Chief Judge Joy Flowers Conti on 3/2/2018. (msp) Modified on 3/5/2018. (ept)
March 2, 2018
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ORDER that for the reasons stated in the foregoing memorandum opinion, as stated in the attached order, upon consideration of: the motion to dismiss (ECF No. 13) filed by defendants Farrell Wagner, Christian Heynes, and the Borough of Brentwood; the motion to amend (ECF No. 37) filed by plaintiff Mary Rose Koreny; and the argument held on December 12, 2017, IT IS HEREBY ORDERED that the motion to dismiss filed by defendants Farrell Wagner, Christian Heynes, and the Borough of Brentwood (ECF No. 13) is granted with respect to Counts I and II; IT IS FURTHER ORDERED that the motion to amend filed by plaintiff Mary Rose Koreny (ECF No. 37) is denied as futile; IT IS FURTHER ORDERED that Counts I and II of the Complaint are dismissed with prejudice; IT IS FURTHER ORDERED that the court pursuant to 28 U.S.C. ยง 1367(c) declines supplemental jurisdiction over Counts III, IV, and V of the complaint and the cross-claim filed by Defendant Richard Smith against Defendants Farrell WagT IS FURTHER ORDERED that the motion to dismiss is denied as moot in all other respects; and FINALLY, IT IS ORDERED that the Clerk of Court is ordered to mark this case closed. Signed by Chief Judge Joy Flowers Conti on 3/2/2018. (msp)ner, Christian Heynes, and the Borough of Brentwood (ECF No. 25), and accordingly, Counts III, IV and V of the complaint and the cross-claim filed by defendant Richard Smith are dismissed without prejudice to filing in an appropriate state forum; I