GUARRASI v. COUNTY OF BUCKS et al

Filing 69

ORDER THAT PLAINTIFF'S CLAIMS FOR VIOLATIONS OF THE PENNSYLVANIA CONSTITUTION ARE HEREBY DISMISSED WITHOUT PREJUDICE; THE MOTIONS TO DISMISS ARE GRANTED AND DEFENDANTS CUBA, HOWER, ZARTMAN, BOROUGH OF HATBORO, COUNTY OF MONTGOMERY, COUNTY OF BUC KS, KERNER, MCATEER, CARROLL, GIBBONS, MCDONOUGH, GORMAN, LACHMAN, MOSINIAK, AND WALP ARE DISMISSED AS PARTIES TO THIS ACTION. THE STAY OF DISCOVERY ENTERED BY ORDER DATED 11/2/10 IS LIFTED. THE COMPLAINT HAVING BEEN FILED ON 7/1/10 AND DEFENDANTS MA THER, HEGLE, SAMIOS AND FRYLING HAVING NOT YET BEEN SERVED, PLAINTIFF SHALL MAKE SERVICE UPON SAID DEFENDANTS AND FILE PROOF OF SERVICE WITH THE CLERK OF COURT WITHIN SIXTY (60) DAYS OF THE DATE HEREOF OR SAID DEFENDANTS WILL BE DISMISSED AS PARTIES TO THE ACTION WITHOUT FURTHER NOTICE TO PLAINTIFF. THE COMPLAINT HAVING BEEN FILED ON 7/1/10, PLAINTIFF SHALL IDENTIFY THE JOHN DOE AND JANE DOE DEFENDANTS BY CORRECT NAME, MAKE SERVICE AND FILE PROOF OF SERVICE WITH THE CLEKR WITHIN SIXTY (60) DAYS OF THE DATE HEREOFOR SAID DEFENDANTS WILL BE DISMISSED AS PARTIES TO THIS ACTION WITH NO FURTHER NOTICE TO PLAINTIFF. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 3/29/11. 3/29/11 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : : : : : : : : : Order AND NOW, this 28th day of March 2011, upon consideration of the motions to dismiss filed by defendant Cuba (Doc. 22), defendant Hower (Doc. 29), defendant Zartman (Doc. 52), defendant Borough of Hatboro (Doc. 56), and defendant Montgomery County (Doc. 57); the joint motion to dismiss or, in the alternative, for more definite statement by defendants County of Bucks, Kerner, McAteer, Carroll, Gibbons, McDonough, Gorman, Lachman Mosiniak, and Walp (Doc. 24); and the memoranda in support of the motions, as well as Guarrasi's responses thereto, IT IS HEREBY ORDERED that: (1) plaintiff's claims for violations of the Pennsylvania Constitution are hereby DISMISSED without prejudice. (2) the above-mentioned motions to dismiss are GRANTED and defendants Cuba, Hower, Zartman, Borough of Hatboro, County of Montgomery, County of Bucks, Kerner, McAteer, Carroll, Gibbons, McDonough, Gorman, Lachman Mosiniak, and Walp are dismissed as parties to this action. (3) the stay of discovery entered by order dated November 2, 2010, is lifted. (4) the complaint having been filed on July 1, 2010, and defendants Mather, Hegele,

JOSEPH GUARRASI, Plaintiff v. COUNTY OF BUCKS, et al., Defendant

CIVIL ACTION NO. 10-1879

Samios, and Fryling having not yet been served, plaintiff shall make service upon said defendants and file proof of service with Clerk within sixty days of the sate hereof or said defendants will be dismissed as parties to this action without further notice to plaintiff. (5) the complaint having been filed on July 1, 2010, plaintiff shall identify the John Doe and Jane Doe defendants by correct name, make service upon them, and file a proof of service with Clerk, within sixty days of the date hereof or said defendants will be dismissed as parties to this action without further notice to the plaintiff.

s/ William H. Yohn, Jr., Judge William H. Yohn, Jr., Judge