O'FEE v. TRUSH et al

Filing 11

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT IN PART PURSUANT TO RULE 12(b)(6) 7 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE ROBERT F. KELLY ON 10/2/09. 10/5/09 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ MARK O'FEE, : : Plaintiff, : : CIVIL ACTION v. : : THE CITY OF PHILADELPHIA, : SHAWN TRUSH, SYLVESTER : No. 09-2724 JOHNSON, WILLIAM COLARULO, : and DANIEL BARTLETT, : : Defendants. : __________________________________________: ORDER AND NOW, this 2nd day of October, 2009, upon consideration of Defendants' Motion to Dismiss Plaintiff's Complaint in Part Pursuant to Rule 12(b)(6) (Doc. No. 7), it is hereby ORDERED as follows: 1) 2) the Motion is GRANTED IN PART and DENIED IN PART; the Motion is GRANTED with respect to the conspiracy claims under 42 U.S.C. § 1985, the Equal Protection retaliation claim and the claim for wrongful use of civil process pursuant to 42 Pa.C.S. § 8351 et seq. ("Dragonetti Act"), and DENIED in all other respects; 3) 4) 5) the conspiracy claims pursuant to 42 U.S.C. § 1985 are DISMISSED; the Equal Protection retaliation claim is DISMISSED; the claim for wrongful use of civil process pursuant to the Dragonetti Act is DISMISSED; 6) Count III (erroneously titled "COUNTI III"), which includes Paragraphs 60

through 69, is STRICKEN from Plaintiff's Amended Complaint; 7) 8) Paragraph 50 is STRICKEN from Plaintiff's Amended Complaint; the language reading "Plaintiff is a member of a protected class" is STRICKEN from Paragraph 18 from Plaintiff's Amended Complaint; 9) the language reading "in furtherance of the agreement" is STRICKEN from Paragraph 36; 10) 11) the language reading "acted in concert" is STRICKEN from Paragraph 37; the language reading "in furtherance of the agreement, common plan or goal" is STRICKEN from Paragraph 51; and 12) the language reading "Dragonetti Claim for Abuse of Process" is STRICKEN from the heading of Count V.

BY THE COURT:

/s/ Robert F. Kelly ROBERT F. KELLY SENIOR JUDGE

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