United States District Court, E.D. Pennsylvania
September 10, 2014
CLAIRE DICKSON, Plaintiff,
NOBLE HOUSE HOTELS & RESORTS, individually and t/a LA PLAYA BEACH & GOLF RESORT, LA PLAYA BEACH & GOLF RESORT, RESORTS SPORTS, INC., NATIONAL PASTA ASSOCIATION, and NAPLES TRANSPORTATION AND TOURS, LLC, individually and t/a NAPLES TRANSPORTATION TOURS & EVENT PLANNING, Defendants.
EDWARD G. SMITH, District Judge.
AND NOW, this 10th day of September, 2014, after reviewing the complaint (Doc. No. 1), and the various motions to dismiss filed by the defendants (Doc. Nos. 21-24), and the responses in opposition to the motions (Doc. Nos. 26-29), and after an initial pretrial conference held before the undersigned on August 7, 2014, it is hereby ORDERED as follows:
1. The complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction: and
2. The plaintiff is GRANTED leave to file an amended complaint within seven (7) days from the entry of this order to properly invoke, if she can, the court's subject-matter jurisdiction pursuant to 28 U.S.C. § 1332. Should the plaintiff fail to file an amended complaint within the prescribed time period, the Clerk of Court shall mark this matter closed without further order of court.
IT IS FURTHER ORDERED as follows:
1. The motion to dismiss filed by the defendant, National Pasta Association, on May 12, 2014 (Doc. No. 21), is DENIED AS MOOT;
2. The motion to dismiss filed by the defendant, Resorts Sports, Inc., on May 14, 2014 (Doc. No. 22), is DENIED AS MOOT;
3. The motion to dismiss filed by the defendant, Naples Transportation and Tours, LLC, individually and t/a Naples Transportation Tours & Event Planning, on May 27, 2014 (Doc. No. 23), is DENIED AS MOOT; and
4. The motion to dismiss filed by the defendant, Noble House Hotels & Resorts, Ltd., individually and incorrectly pleaded as La Playa Beach & Golf Resort, on June 2, 2014 (Doe. No. 24-1), is DENIED AS MOOT.