SAUERS v. LOWER SOUTHAMPTON TOWNSHIP et al

Filing 9

ORDER THAT THE MOTION 6 , IS DENIED WITHOUT PREJUDICE. PLAINTIFF MAY FILE AN AMENDED COMPLAINT IN THIS ACTION. IF HE ELECTS TO DO SO, HE MUST FILE THE COMPLAINT ON OR BEFORE 2/19/2010, ETC. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/19/10. 1/19/10 ENTERED AND COPIES MAILED TO PRO SE AND UNREPS AND E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PETER SAUERS, Plaintiff, v. : : : : : : : : :

CIVIL ACTION

LOWER SOUTHAMPTON TOWNSHIP, et al., Defendants.

No. 09-5364

ORDER AND NOW, this 19th day of January, 2010, upon consideration of Defendant Lower Southampton Township's Motion to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6), and Plaintiff's response thereto, and for the reasons stated in this Court's Memorandum dated January 19, 2010, it is hereby ORDERED that: 1. 2. The motion (Document No. 6) is DENIED without prejudice. Plaintiff may file an Amended Complaint in this action. If he elects to do so, he must file the Complaint on or before Friday, February 19, 2010. 3. If Plaintiff fails to file an Amended Complaint by that date, Southampton Township may reinstate its motion to dismiss. BY THE COURT:

Berle M. Schiller, J.