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STANLEY v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

United States District Court, W.D. Pennsylvania


September 19, 2005.

ROGER STANLEY, JERRY CLOSE, CHARLES F. TAYLOR, JR., GLEN MAZOFF, PETE KURTZ, TERRY L. SHUBERT, CHARLES F. TAYLOR, III, JACK L. TAYLOR, ROBERT McMUNN, WILLIAM TAYLOR, BILL CROYLE, VINCENT KOVALCHIK, RAY CUNNIGHAM and NANCY IRWIN, Executrix of the Estate of CHARLES IRWIN SR., Plaintiffs,
v.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO CLC, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 5, LAUREN WARD also known as LARRY WARD, VERNON C. FORDYCE also known as CHRIS FORDYCE, RICHARD DUNKEL, Business Agent of Local 5, JOHN CHALOVICH, Business Agent of Local 5, DENNY EICKER, Business Agent of Local 5, FRANK GALLAGHER, retired Business Agent of Local 5, DAVE CORNELIUS, retired Business Agent of Local 5, RON DUNKEL, retired Business Agent of Local 5, MICHAEL R. DUNLEAVY, as President of Local 5, WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES INSURANCE TRUST FUND, Defendants.

The opinion of the court was delivered by: TERRENCE McVERRY, District Judge

ORDER OF COURT

AND NOW, this 19th day of September, 2005, after the Plaintiffs filed an amended complaint in the above captioned action, and after the Defendants moved to dismiss the amended complaint for failure to state a viable claim, and after a Report and Recommendation was issued by United States Magistrate Judge Robert C. Mitchell and the parties were granted ten (10) days after being served with a copy to file written objections thereto, and upon consideration of the objections filed by the Plaintiffs, as well as the responses to those objections submitted by the Defendants which responses are found to have merit, and after independent review of the pleadings, and Magistrate Judge Mitchell's Report and Recommendation, which is adopted as the Opinion of this Court,

It is ORDERED that the motion to dismiss filed by Defendant Western Pennsylvania Electrical Employees Insurance Trust Fund (Document No. 27) is GRANTED, that the motion to dismiss filed by Defendant International Brotherhood of Electrical Workers, AFL-CIO-CLC (Document No. 35) is GRANTED, and that the motion to dismiss submitted by Defendants International Brotherhood of Electrical Workers, Local 5, Richard Dunkel, John Chalovich, Denny Eicker, Frank Gallagher, Dave Cornelius, Ron Dunkel and Michael Dunleavy (Document No. 33), joined in by Defendants Lauren Ward and Vernon Fordyce per their motion to dismiss (Document No. 37), is GRANTED as to the Plaintiffs' federal law causes of action, and the Court declines to exercise supplemental jurisdiction over the Plaintiffs' remaining state law causes of action.

20050919

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