PELLEGRINO et al v. UNITED STATES OF AMERICA TRANSPORTATION SECURITY ADMINISTRATION et al

Filing 78

ORDER THAT DEFTS' MOTION TO DISMISS THIRD AMENDED COMPLAINT IS DENIED AS TO THE CLAIMS OUTLINED HEREIN, ETC. THE MOTION IS GRANTED AS TO ALL OTHER POTENTIAL CLAIMS & THOSE CLAIMS ARE DISMISSED. DEFT TSA IS DIRECTED TO PRODUCE A VAUGHN INDEX FOR THE REMAINING WITHHELD DOCUMENTS PERTAINING TO PLFF PELLEGRINO WITHIN 45 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE J. CURTIS JOYNER ON 2/27/12. 2/29/12 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PLFFS.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NADINE PELLEGRINO AND HARRY WALDMAN, Plaintiffs, CIVIL ACTION v. NO. 09-CV-SSOS UNITED STATES OF AMERICA TRANSPORTATION SECURITY ADMINISTRATION, et. al., Defendants. ORDER AND NOW I t!). this 71£day of February, 2012, upon consideration of Defendants' Motion to Dismiss the ~rhird Amended Complaint (Doc. No. 40), Plaintiff's Response in opposition thereto (Doc. No. 63), Defendants' Reply (Doc. No. 66) and Plaintiff's Sur-Reply (Doc. No. 76) I it is hereby ORDERED that (1) The Motion is DENIED as to the following claims: (A) Plaintiff Pellegrino's Claims for Property Damage, False Arrest/Imprisonment, Malicious Prosecution and Civil Conspiracy under the Federal Torts Claim Act (FTCA) Against Defendant United States; (B) Plaintiff Pellegrino/s Bivens Claims for Malicious Prosecution and Conspiracy to Engage in Malicious Prosecution under the First and Fourth Amendments Against Defendants TSOs Abdul-Malik and Labbee in their individual capacities; (C) Plaintiffs l Claim Against Defendant U.S. Transportation Security Administration (TSA) for Failure to Comply with Request for Records Pursuant to the Freedom of Information Act (FOIA) and the Privacy Act; (2) The Motion is GRANTED as to all other potential claims and those claims are DISMISSED; (3) Defendant TSA is directed to produce a Vaughn Index for the remaining withheld documents pertaining to Plaintiff Pellegrino within 45 days of the date of this Order. BY THE COURT:

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