HARRIS v. PAIGE et al

Filing 32

ORDER THAT DEFENDANT MICHAEL PAIGE'S MOTION TO DISMISS AND STRIKE IS DENIED IN PART AND GRANTED IN PART. THE MOTION TO DISMISS COUNTS I, II, III, V, VI, VII, VIII, IX, X, XI AND XII IS DENIED. THE MOTION IS GRANTED WITH RESPECT TO COUNT IV. IT IS FURTHER ORDERED THAT PLAINTIFF'S REQUEST FOR ATTORNEYS' FEES IS DENIED. PLAINTIFF'S PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT MICHAEL PAIGE IS DENIED. DEFENDANT MICHAEL PAIGE'S MOTION TO STRIKE PLAINTIFF'S PRAEC IPE TO ENTER DEFAULT AGAINST DEFENDANT MICHAEL PAIGE IS DENIED AS MOOT AND DEFENDANT MICHAEL PAIGE SHALL ANSWER THE COMPLAINT WITHIN 20 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE ROBERT F. KELLY ON 9/22/2009. 9/23/2009 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : JAMES HARRIS, : : Plaintiff, : : : v. : : MICHAEL PAIGE : : and : : CITY OF PHILADELPHIA, : : Defendants. : : ____________________________________: CIVIL ACTION

No. 08-2126

ORDER AND NOW, this 22nd day of September, 2009, upon consideration of Defendant

Michael Paige's Motion to Dismiss and Strike (Doc. No. 27), and the Response in opposition thereto, it is hereby ORDERED that said Motion is DENIED IN PART and GRANTED IN PART. The Motion to Dismiss Counts I, II, III, V, VI, VII, VIII, IX, X, XI, and XII is DENIED. The Motion is GRANTED with respect to Count IV. It is further ORDERED that: 1. Plaintiff James Harris's request for attorneys' fees is DENIED; 2. Plaintiff James Harris's Praecipe to Enter Default Judgment Against Defendant Michael Paige (Doc. No. 28) is DENIED; 3. Defendant Michael Paige's Motion to Strike Plaintiff's Praecipe to Enter Default Against Defendant Michael Paige (Doc. No. 30) is DENIED as moot; and 4. Defendant Michael Paige shall answer the Complaint within twenty (20) days of

the date of this Order.

BY THE COURT: /s/ Robert F. Kelly ROBERT F. KELLY SENIOR JUDGE

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