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Cook v. Progressive Home Federal Savings and Loan

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


August 22, 2008

WILLIAM COOK, PLAINTIFF,
v.
PROGRESSIVE HOME FEDERAL SAVINGS AND LOAN AND GERALD BENN, DEFENDANTS.

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

Order of Court

ELECTRONICALLY FILED

Pending before this Court are several motions. Defendants have filed a partial motion to dismiss (doc. no. 9) alleging that plaintiff's claim brought pursuant to the Age Discrimination in Employment Act (ADEA) is time barred. Plaintiff, in turn, agreed that the ADEA claim was untimely, and has filed a motion to dismiss the ADEA claim (doc. no. 13), along with a motion to remand (doc. no. 14), alleging that because the ADEA claim provided the sole basis for federal jurisdiction and because that claim should rightfully be dismissed, this case should be remanded to state court. Plaintiff has also filed an alternative motion seeking an additional 10 days to respond to defendants' motion to dismiss, in the event the Court denied the motion to remand (doc. no. 14). Defendants have responded and agree that this action should be remanded to state court (doc. no. 15).

Accordingly, it is HEREBY ORDERED that:

(1) Defendants' Motion to Dismiss (doc. no. 9) is GRANTED;

(2) Plaintiff's Motion to Dismiss (doc. no. 13) is GRANTED;

(3) Plaintiff's Motion to Remand (doc. no. 14) is GRANTED, and plaintiff's alternative motion for additional 10 days to respond to defendants' motion to dismiss is DENIED AS MOOT;

(4) This action shall be remanded to the Court of Common Pleas of Allegheny County, forthwith and the Clerk shall mark the docket closed.

SO ORDERED this 22nd day of August, 2008.

20080822

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