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Schaefer-Condulmari v. US Airways Group

December 8, 2009

JUDITH SCHAEFER-CONDULMARI
v.
US AIRWAYS GROUP, INC. D/B/A US AIRWAYS



The opinion of the court was delivered by: Mary A. McLAUGHLIN, J.

ORDER

AND NOW, this 8th day of December, 2009, upon consideration of the Plaintiff's Motion to Remand (Docket No. 7) and the Defendant's Motion to Dismiss (Docket No. 4), and the responses and replies thereto, and upon consideration of the parties' supplemental submissions on jurisdiction, IT IS HEREBY ORDERED, for the reasons set forth in a Memorandum of today's date, that:

1. The plaintiff's Motion to Remand is DENIED.

2. The defendant's Motion to Dismiss is GRANTED, and the plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.

3. The plaintiff may file an amended complaint on or before December 30, 2009, to bring a claim under the Montreal Convention.

20091208

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