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Gary Burnette v. City of Philadelphia

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


April 5, 2013

GARY BURNETTE, PLAINTIFF,
v.
CITY OF PHILADELPHIA, COMMONWEALTH OF PENNSVYLANIA DEPARTMENT OF TRANSPORTATION, AND SOUTHEASTERN TRANSPORTATION AUTHORITY, DEFENDANTS.

The opinion of the court was delivered by: Michael M. Baylson, U.S.D.J.

ORDER

AND NOW, this 5th day of April, 2013, upon careful consideration of the parties' briefing, and for the reasons discussed in the accompanying Memorandum of Law, it is hereby ORDERED that Defendants' Motions to Dismiss (ECF 8, 10 & 11) are GRANTED, insofar as Count I of the Second Amended Complaint (ECF 7) is DISMISSED. Plaintiff's state law claims, set forth in Counts II, III and IV of the Second Amended Complaint, are remanded to the Philadelphia Court of Common Pleas. The Court of Clerk shall close this case.

BY THE COURT:

Michael M. Baylson

20130405

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