ALERS et al v. CITY OF PHILADELPHIA et al

Filing 25

ORDER THAT DEFTS' MOTION TO WITHDRAW DEEMED ADMISSIONS IS GRANTED. PLFF'S CROSS-MOTIONS FOR SUMMARY JUDGMENT IS DENIED. DEFTS' MOTION TO DISMISS IN PART IS GRANTED IN PART & DENIED IN PART, WITHOUT PREJUDICE, ETC. PLFFS ARE GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT WITHIN 7 DAYS OF THE DATE OF THIS ORDER TO RE-ASSERT DISMISSED CLAIMS AND/OR CLARIFY REMAINING CLAIMS. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/26/09. 8/28/09 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MIGUEL A. ALERS and DENISE SZUSTOWICZ Plaintiffs, v. CITY OF PHILADELPHIA, et al. Defendants. : : : : : : : : : : CIVIL ACTION

NO. 08-4745

ORDER

AND NOW, this 26th day of August, 2009, it is hereby ORDERED that: 1. Defendants' Motion to Withdraw Deemed Admissions (Doc. No. 21) is GRANTED. 2. 3. Plaintiff's Cross-Motion [sic] for Summary Judgment (Doc. No. 20) is DENIED. Defendants' Motion to Dismiss in Part (Docket No. 19) is GRANTED IN PART and DENIED IN PART, WITHOUT PREJUDICE, as follows: a. Count I is dismissed as to Plaintiff Szustowicz; b. Count V is dismissed; and c. Count VI is dismissed as follows: (i) Pennsylvania Minimum Wage Act claim is dismissed except as to Plaintiff Alers against Defendants Seaborough and Brown, and (ii) Emotional Distress [sic] claim is dismissed. 4. Plaintiffs are GRANTED LEAVE to file a Second Amended Complaint within

seven days of the date of this order to re-assert dismissed claims and/or clarify remaining claims. There will be no further opportunity for Plaintiffs to amend and no extension of this deadline. 5. Defendants shall file a responsive pleading within twenty days of the service of any Second Amended Complaint. The parties are strongly cautioned to heed footnote 1 of the Court's accompanying Memorandum.

BY THE COURT: /s/ C. Darnell Jones II _________________________ C. DARNELL JONES II, J.