FIOCCA v. CITY OF PHILADELPHIA et al

Filing 20

ORDER THAT THE DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED AS TO COUNT I, WHICH IS DISMISSED, AND DENIED AS TO COUNT II. THAT PLAINTIFFS MOTION FOR LEAVE TO AMEND PLAINTIFFS SECOND AMENDED COMPLAINT IS DENIED. THE DEFENDANT SHALL FILE AN ANSWER TO THE SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE JOHN P. FULLAM ON 3/28/2011. 3/28/2011 ENTERED AND COPIES E-MAILED.(sg, )

FIOCCA v. CITY OF PHILADELPHIA et al

Doc. 20

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL FIOCCA v. CITY OF PHILADELPHIA : : : : : O R D E R AND NOW, this 28th day of March 2011, upon consideration of the pending motions and the responses thereto, IT IS ORDERED: 1. That the defendant's Motion to Dismiss the CIVIL ACTION

NO. 10-1289

plaintiff's Second Amended Complaint is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to Count I, which is

dismissed, and DENIED as to Count II. 2. That the plaintiff's Motion for Leave to Amend

Plaintiff's Second Amended Complaint is DENIED. 3. That the defendant shall file an answer to the

Second Amended Complaint within 20 days of the date of this Order.

BY THE COURT:

/s/ John P. Fullam John P. Fullam,

Sr. J.

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