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Doe v. Sywulak

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


October 20, 2010

JANE DOE, PLAINTIFF,
v.
ANRDEA E. SYWULAK, PH.D. DEFENDANT.

The opinion of the court was delivered by: Hon. Petrese B. Tucker, U.S.D.J.

ORDER

AND NOW, this ____ day of October 2010, upon consideration of Defendant's Motion to Dismiss (Doc. 4), Plaintiff's Response in Opposition thereto (Doc. 8), and Defendant's Reply (Doc. 10),

IT IS HEREBY ORDERED AND DECREED that the Motion is GRANTED in part as follows:

1. With respect to Count IV of Plaintiff's Complaint for Violation of Civil Rights, this count is dismissed with prejudice for failure to state a claim.

2. With respect to Counts I, II, III, V, VI and VII of Plaintiff's Complaint, they are dismissed without prejudice for lack of subject matter jurisdiction.

IT IS FURTHER ORDERED that above-captioned case is REMANDED to the Court of Common Pleas of Chester County to resolve Counts I, II, III, V, VI and VII of the Complaint.

IT IS FURTHER ORDERED that the Clerk of the Court shall return the record in this case to the state court and mark this action as CLOSED.

20101020

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