LEGROME DAVIS, District Judge
AND NOW this day of September, 2003, upon consideration of the parties' submissions and the evidence of record, it is hereby ORDERED and DECREED that:
1) Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED without prejudice. See, e.g., In re Orthopedic "Bone Screw" Prods. Liab. Litig., 132 F.3d 152, 155-56 (3d Cir. 1997) (absent subject matter jurisdiction, federal courts do not have the power to dismiss with prejudice).
2) Defendants' Motion to Dismiss for Lack of Service is DENIED.
3) Plaintiff Palm Valley's Motion for Voluntary Withdrawal Without Prejudice is DENIED as Moot.
4) The Clerk of Court is directed to mark Docket Entries 6, 19 and 23 as closed.