HICKSON v. PECO ENERGY COMPANY et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL HICKSON 	:
: 	CIVIL ACTION
v. 	: 	No. 25-2980
:
PECO ENERGY COMPANY, et al. 	:
ORDER
This 17th day of December, 2025, it is hereby ORDERED that Defendants’ Motions to
Dismiss, (ECF 19, ECF 20, ECF 22), are GRANTED as follows:
• 	Counts II, III, V, and VII of Plaintiff’s Complaint are dismissed with prejudice.
• 	Count I is dismissed with prejudice insofar as Plaintiff intends to assert a civil rights claim
arising out of any violation of the Commerce Clause.
• 	The Court declines to exercise supplemental jurisdiction as to Count IV or any state law
claim Plaintiff intends to advance in Count I.
• 	Count VI is dismissed without prejudice. 	Plaintiff is granted leave to amend within 14
days against Defendant PECO only, consistent with the admonitions set forth in the
accompanying memorandum. Failure to amend as set forth herein will result in dismissal
of Count VI with prejudice.
• 	The docket shall reflect that all parties have been dismissed with the exception of
Defendant PECO.
/s/ Gerald Austin McHugh
United States District Judge
Case 2:25-cv-02980-GAM Document 27 Filed 12/17/25 Page 1 of 1