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Civil Rights: Other | Pennsylvania Western
Judgment (Rule 58)
JUDGMENT ORDER indicating that the Court, by separate Memorandum Opinion and Order on this date, having granted in part and denied in part Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, having dismissed Count I with prejudice pursuant to Rule 12(b)(6), having declined to exercise supplemental jurisdiction over Count II and having dismissed that Count without prejudice to Plaintiff's ability to bring that claim in state court, and having directed the Clerk of Court to mark this case closed, final judgment of this Court is entered in favor of Defendants and against Plaintiff pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge W. Scott Hardy on 8/10/26. (lwp)
Order on Motion to Dismiss for Failure to State a Claim
ORDER OF COURT indicating that 42 Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint, Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, is granted in part and denied in part. The Motion is granted to the extent that Plaintiff's First Amendment retaliation claim at Count I is dismissed pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted, and as the Court finds that further amendment of Count I would be futile, such claim is dismissed with prejudice. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claim at Count II, and that claim is dismissed without prejudice to Plaintiff's ability to bring such claim in state court. As Count II is dismissed on such basis, to the extent Defendants' Motion seeks dismissal of Count II pursuant to Rule 12(b)(6), the Motion is denied as moot. The Clerk of Court shall mark this case closed. See Order for further details. Signed by Judge W. Scott Hardy on 8/10/26. (lwp)
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