CLARKE et al v. LANE et al

Filing 95

MEMORANDUM AND/OR OPINION ORDER THAT THE DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT (DOC. NO. 83) IS DENIED IN PART AND GRANTED IN PART, IT IS GRANTED WITH RESPECT TI PLAINTIFFS ANDERSON, CLARKE, CHARLES, TAYLOR, COLEMAN, C HAPOLINI AND CRUZ AND DENIED WITH RESPECT TO PLAINTIFF PASTRANA; DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (DOC. NO. 85)IS DENIED IN PART AND GRANTED IN PART, IT IS GRANTED WITH RESPECT TI PLAINTIFFS ANDERSON, CL ARKE, CHARLES, TAYLOR, COLEMAN, CHAPOLINI AND CRUZ AND DENIED WITH RESPECT TO PLAINTIFF PASTRANA; THE MOTION FOR SUMMARY JUDGMENT IS DENIED WITHOUT PREJUDICE; THE PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (DOC. NO. 72) IS GRANTED, THE PLAINTIFF IS DESIGNATED AS CLASS REPRESENTATIVE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 3/31/2010. 4/1/2010 ENTERED AND COPIES E-MAILED.(kk, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES CLARKE, et al., Plaintiffs, v. BERNON LANE, et al., Defendants. : : : : : : : : : CIVIL ACTION NO. 08-468

ORDER AND NOW, this 31st day of March, 2010, for the reasons provided in the accompanying Memorandum, it is hereby ORDERED as follows:

1.

Moving Defendants' first motion to dismiss

Plaintiffs' amended complaint (doc. no. 83) is DENIED in part and GRANTED in part. It is granted with respect to Plaintiffs

Anderson, Clarke, Charles, Taylor, Coleman, Chapolini and Cruz and denied with respect to Plaintiff Pastrana;

2.

CEC Defendants' second motion to dismiss or, in

the alternative, for summary judgment (doc. no. 85) is DENIED in part and GRANTED in part. The motion to dismiss is granted with

respect to Plaintiffs Anderson, Clarke, Charles, Taylor, Coleman, Chapolini and Cruz and denied with respect to Plaintiff Pastrana. The motion for summary judgment, in the alternative, is DENIED

without prejudice.

3.

Plaintiffs' motion for class certification (doc. It is further ordered that Plaintiff is

no. 72) is GRANTED.

designated as class representative.

AND IT IS SO ORDERED. s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J.

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