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Monet Bey, et al. v. City of Philadelphia

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


December 21, 2010

MONET BEY, ET AL.
v.
CITY OF PHILADELPHIA, ET AL.

The opinion of the court was delivered by: Stewart Dalzell

ORDER AND NOW, this 21st day of December, 2010, upon consideration of the Pennsylvania Society for the Prevention of Cruelty to Animals' ("PSPCA") motion for summary judgment (docket entry # 19), the City Defendants' motion for summary judgment (docket entry # 20), plaintiffs' response to the City Defendants' motion for summary judgment (docket entry # 21), plaintiffs' response to the PSPCA's motion for summary judgment (docket entry # 22), plaintiffs' motion to amend the complaint (docket entry # 23), and the City Defendants' motion for leave to file a reply brief in further support of its motion for summary judgment (docket entry # 24), and in accordance with the accompanying memorandum, it is hereby ORDERED that:

1. The City Defendants' motion for summary judgment as to Count I (docket entry # 20) is GRANTED;

2. The City Defendants' motion for leave to file a reply brief (docket entry # 24) is GRANTED;

3. The Clerk of Court shall DOCKET the City of Philadelphia's reply brief, which is attached to its motion as Exhibit 1;

4. Pursuant to 28 U.S.C. § 1367(c), we DECLINE to exercise our supplemental jurisdiction over the remaining state law claims;

5. Because we decline to exercise our supplemental jurisdiction, the PSPCA's motion for summary judgment (docket entry # 19) is DENIED WITHOUT PREJUDICE;

6. Plaintiffs' motion to amend the complaint (docket entry # 23) is DENIED AS MOOT; and

7. The Clerk of Court shall CLOSE this case statistically.

BY THE COURT:

20101221

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