Opinion
Civ. 24-1170
09-17-2024
ORDER
Paul S. Diamond, J.
AND NOW, this 17th day of September 2024, upon consideration of Plaintiff's Complaint (Doc. No. 1), Defendant United States's Motion to Dismiss (Doc. No. 9), Defendant City of Philadelphia's Motion to Dismiss (Doc. No. 15), the Parties' Responses (Docs. No. 10, 13, 14, 16, 19, 26), and all relevant submissions, it is hereby ORDERED that:
1. Defendant United States's Motion (Doc. No. 9) is GRANTED.
2. Plaintiff's Federal Tort Claims Act claim (Count One) against Defendant United States is DISMISSED with prejudice.
3. Plaintiff's state law claims against the City of Philadelphia and MainStreme Productions (Counts Two and Three) are DISMISSED without prejudice.
4. Defendant City of Philadelphia's Motion to Dismiss (Doc. No. 15) is DENIED as moot.
5. Defendant MainStreme Production's cross-claim (Doc. No. 13) is DISMISSED as moot.
AND IT IS SO ORDERED.