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Hiren Patel v. Sharon K. Smith

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


July 11, 2011

HIREN PATEL, PLAINTIFF,
v.
SHARON K. SMITH, NICOLE JOHNSON, AND SJ SUBS, LLC, DEFENDANTS.

The opinion of the court was delivered by: Louis H. Pollak Pollak, J.

ORDER AND NOW, this 11th day of July, 2011, upon consideration of plaintiff's complaint, defendants' motion to dismiss, defendants' memorandum in support of that motion, and plaintiff's memorandum in opposition to that motion, and for the reasons provided in the accompanying memorandum, it is hereby ORDERED that:

1. Defendants' motion to dismiss (Docket No. 4) is GRANTED; 2. Count 3 of the complaint, to the extent it relies upon 18 U.S.C. § 1343, is DISMISSED with prejudice; 3. All other Counts are DISMISSED; and 4. Plaintiff may amend the complaint to allege the presence of diversity jurisdiction not later than 15 days from the date of this order.

BY THE COURT

20110711

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