IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
February 4, 2011
NALIN PATEL, D.M.D. ET AL., DEFENDANTS.
The opinion of the court was delivered by: Cynthia M. Rufe, J.
ORDER AND NOW, this 4th day of February 2011, upon consideration of a Motion to Dismiss Counts II through VIII by Defendants Nalin Patel DMD, Nalin Patel DMD PC, Advanced Dental Care, Advanced Dental Care LLC, and Fairless Hills Dental Center ("Dental Defendants")[doc. no. 20]; a Motion to Dismiss Counts III though VIII by Defendants Capital One Bank (USA), N.A., Capital One Financial Corporation, and Capital One N.A. ("Capital One Defendants") [doc. no. 16]; Plaintiff's Responses in Opposition thereto [doc. nos. 29 & 31]; Dental Defendants' and Capital One Defendants' Replies in Support [doc. nos. 34 & 40]; and Plaintiff's Sur-replies [doc nos. 38 & 44], and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that:
1. Counts VII and VIII are DISMISSED without prejudice for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; and
2. Counts I, II, III, IV, V, and VI are DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
It is so ORDERED.
BY THE COURT:
Cynthia M. Rufe
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