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Erdman v. Nationwide Insurance Co.

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


January 6, 2010

BRENDA L. ERDMAN, PLAINTIFF
v.
NATIONWIDE INSURANCE COMPANY, DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 6th day of January, 2010, upon consideration of the uncontested motion (Doc. 112) to remove to this court plaintiff's claim under the Pennsylvania Human Relations Act ("PHRA"), 42 Pa. Con. Stat. Ann. 951 et seq.,*fn1 and it appearing that plaintiff also brings claims under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601, and the court finding that jurisdiction in this court is proper in the above-captioned case pursuant to 28 U.S.C. § 1331 because plaintiff brings claims arising under federal law, see 28 U.S.C. § 1331 ("The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."), and the court concluding that it may therefore determine all issues within the above-captioned case, see 28 U.S.C. § 1441(c) ("Whenever a separate and independent claim or cause of action within the jurisdiction conferred by [28 U.S.C. § 1331] is joined with one or more otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein . . . ."), and the court noting that neither party in the instant case opposes removal of plaintiff's PHRA claim to this court, it is hereby ORDERED that the motion (Doc. 112) for removal is GRANTED.


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