Harris v. Baltimore City Police Department et al

Filing 72

ORDER Denying 67 Motion to Dismiss. Signed by Judge J. Frederick Motz on 6/17/2015. (c/m 6/18/15 bas, Deputy Clerk).

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UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND CHAMBERS OF 101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201 (410) 962-0782 (410) 962-2698 FAX J. FREDERICK MOTZ UNITED STATES DISTRICT JUDGE June 17, 2015 MEMO RE: Darrell P. Harris v. Baltimore City Police Department, et al. Civil No. JFM-14-2470 Dear Mr. Harris and Counsel: I have reviewed the memoranda submitted in connection with the motion to dismiss filed by defendants Ulmer and Preston (document 67). The motion is denied. I am satisfied that there are factual issues in dispute that need to be resolved. Although plaintiff’s state law claims may ultimately fail, their inclusion will not substantially broaden the scope of discovery. Defendants may, of course, renew the arguments they have made in support of their motion to dismiss by way of a motion for summary judgment at the conclusion of discovery. Enclosed is a scheduling order. Despite the informal nature of this letter, it should be flagged as an opinion and docketed as an order. Very truly yours, /s/ J. Frederick Motz United States District Judge

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