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Blackston v. New Jersey Transit Corp.

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


October 27, 2010

ANTHONY BLACKSTON
v.
NEW JERSEY TRANSIT CORPORATION, ET AL.

The opinion of the court was delivered by: Stewart Dalzell, J.

ORDER

AND NOW, this 27th day of October, 2010, upon consideration of plaintiff's amended complaint (docket entry # 2), defendants New Jersey Transit Corporation, George Wiseman, and Andrew Pawlik's motion for judgment on the pleadings (docket entry # 16) and plaintiff's response thereto (docket entry # 20), defendant William McErlane's motion for judgment on the pleadings (docket entry # 23) and plaintiff's response thereto (docket entry # 24), and defendant McErlane's motion for leave to file a reply (docket entry # 26), and upon the analysis set forth in the accompanying Memorandum, it is hereby ORDERED that:

1. Defendants New Jersey Transit Corporation, George Wiseman, and Andrew Pawlik's motion for judgment on the pleadings (docket entry # 16) is GRANTED;

2. Defendant William McErlane's motion for judgment on the pleadings (docket entry # 23) is GRANTED;

3. Defendant McErlane's motion for leave to file a reply (docket entry # 26) is DENIED AS MOOT;

4. Counts I through III of the Amended Complaint are DISMISSED;

5. The Court having declined, under 28 U.S.C. § 1367(c)(3), to exercise its supplemental jurisdiction, Count IV of the Amended Complaint is DISMISSED WITHOUT PREJUDICE; and

6. The Clerk shall CLOSE this case statistically.

20101027

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