Opinion
Civil Action 23-3488
02-07-2024
1201 WEST GIRARD AVENUE, LLC, ORI FEIBUSH v. DARRELL L. CLARKE
ORDER
KEARNY, J.
AND NOW, this 4lh day of December 2023, following removal from state court (ECF No. 1), upon considering Defendant's Motion to dismiss (ECF No. 14), Plaintiffs' Response (ECF No. 15), Defendant's Reply (ECF No. 16), Plaintiffs' Surreply filed with leave (ECF No. 20), following oral argument, and for reasons in today's accompanying Memorandum, it is ORDERED we GRANT in part Defendant's Motion to dismiss (ECF No. 14) requiring we:
1. Dismiss Plaintiffs' federal question claims invoking our limited subject matter jurisdiction under the substantive due process and equal protection clauses;
2. Decline to exercise supplemental jurisdiction over the remaining claims as we do not retain jurisdiction over a federal question; and, 3. Direct the Clerk of Court forthwith remand the case to the Prothonotary of the Court of Common Pleas of Philadelphia County (Dkt. Case No. 230401094) and close this case in our District.