HALL v. RAECH et al

Filing 38

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: WITH RESPECT TO COUNT VII OF PLAINTIFF'S FIRST AMENDED COMPLAINT, THE MOTION IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF DEF ENDANT CITY OF COATESVILLE AND AGAINST PLAINTIFF ON COUNT VII, AND THE CITY OF COATESVILLE IS DISMISSED AS A PARTY TO THIS ACTION. WITH RESPECT TO COUNTS I, II, III, IV, AND VI, THE MOTION IS DENIED. TRIAL IN THIS MATTER IS SCHEDULED FOR 3/8/10 AT 10:00 AM. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 1/6/10. 1/7/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STEPHEN HALL, Plaintiff v. MICHAEL RAECH, JOSEPH CARBONI and CITY OF COATESVILLE, Defendants. : : : : : : : : : : :

CIVIL ACTION NO. 08-5020

ORDER AND NOW, this _____ day of January, 2010, upon consideration of the summary judgment motion of defendants Michael Raech, Joseph Carboni, and the City of Coatesville (docket no. 32), plaintiff Stephen Hall's response thereto, and defendants' reply, IT IS HEREBY ORDERED that the motion is GRANTED IN PART AND DENIED IN PART as follows: With respect to Count VII of plaintiff's first amended complaint, the motion is GRANTED. Judgment is entered in favor of defendant City of Coatesville and against plaintiff on Count VII, and the City of Coatesville is dismissed as a party to this action. With respect to Counts I, II, III, IV, V, and VI, the motion is DENIED. Trial in this matter is scheduled for March 8, 2010, at 10:00 a.m.

s/ William H. Yohn Jr., Judge William H. Yohn Jr., Judge