WASHINGTON v. CITY OF PHILADELPHIA et al

Filing 22

ORDER THAT ALL PLFF'S CLAIMS AGAINST DEFT JOSEPH J. O'NEILL ARE DISMISSED WITH PREJUDICE. THE PLFF'S CLAIMS OFFRAUDULENT MISREPRESENTATION, ETC. AGAINST DEFTS EMERSON, CLARK, WILLIAMS, CURRAN, DEGARMO, AND CURRAN CONTRACTING INC. ARE DISMISSED WIHT PREJUDICE. THE PLFF'S CLAIMS FOR ABUSE OF PROCESS AGAINST DEFTS EMERSON, CLARK, WILLIAMS, CURRAN, DEGARMO, AND CURRAN CONTRACTING INC. ARE DISMISSED WIHTOUT PREJUDICE, ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 8/2/10. 8/2/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. COPY TO PRO SE)(lvj, )

WASHINGTON v. CITY OF PHILADELPHIA et al

Doc. 22

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GERALD WASHINGTON v. CITY OF PHILADELPHIA, et al. : : : : : : ORDER AND NOW this 2nd day of August, 2010, the Court having received no response from the plaintiff to its Order of June 23, 2010, requiring the plaintiff to show cause why his claims against seven of the defendants in this case -- Joseph J. O'Neill, Harold Emerson, Dean Clark, Wilson Williams, John Curran, Jesse DeGarmo, and Curran Contracting Inc. -- should not be dismissed, and after consideration of the merits of the plaintiff's claims against these seven defendants, IT IS HEREBY ORDERED, for the reasons set forth in a memorandum of today's date, that: 1. All of the plaintiff's claims against defendant CIVIL ACTION

NO. 10-176

Joseph J. O'Neill are DISMISSED WITH PREJUDICE. 2. The plaintiff's claims of fraudulent

misrepresentation, willful misconduct, and intentional infliction of emotional distress against defendants Harold Emerson, Dean Clark, Wilson Williams, John Curran, Jesse DeGarmo, and Curran Contracting Inc. are DISMISSED WITH PREJUDICE.

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3.

The plaintiff's claims for abuse of process

against defendants Harold Emerson, Dean Clark, Wilson Williams, John Curran, Jesse DeGarmo, and Curran Contracting Inc. are DISMISSED WITHOUT PREJUDICE. The plaintiff may file an amended

complaint setting forth additional factual allegations in support of his abuse of process claim against these defendants on or before August 28, 2010. If the plaintiff does not file an

amended complaint on or before that date, then this case will go forward only against the remaining two defendants in the case, the City of Philadelphia and Detective Francis Sheridan.

BY THE COURT:

/s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J.

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