1:13-cv-00712
M.D. Penn.
Nov 18, 2013

SHELDON STEPHENS, Plaintiff, v. KEVIN CLASH, Defendant.

CIVIL ACTION NO. 1:13-CV-712

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

(Chief Judge Conner)

November 18, 2013

ORDER

AND NOW, this 18th day of November, 2013, upon consideration of the motion (Doc. 11) to transfer, stay, or dismiss the above-captioned action under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted, filed by defendant Kevin Clash, and for the reasons discussed in the accompanying Memorandum, it is hereby ORDERED that:

  1. The motion to transfer or stay the action (Doc. 11) is deemed voluntarily WITHDRAWN.
  2. Defendant‘s motion to dismiss (Doc. 11) is GRANTED with prejudice as to Counts II and III.
  3. In light of the court‘s decision regarding Counts II and III, Plaintiff Sheldon Stephens shall file a brief regarding the issue of subject-matter jurisdiction over Count I by the close of business on December 2, 2013. Defendant shall file a brief in response on or before December 9, 2013. Plaintiff shall be permitted to file a brief in reply on or before December 11, 2013.

/S/ CHRISTOPHER C. CONNER

Christopher C. Conner, Chief Judge

United States District Court

Middle District of Pennsylvania