STUBBS v. NUTTER et al

Filing 7

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS IN PART IS GRANTED; PLAINTIFF'S SECTION 1983 FOURTEENTH AMENDMENT CLAIMS - ALLEGING VIOLATIONS OF THE EQUAL PROTECTION CLAUSE AND SUBSTANTIVE AND PROCEDURAL DUE PROCESS RIGHTS - ARE DI SMISSED WITHOUT PREJUDICE AS TO ALL DEFENDANTS; PLAINTIFF'S WRONGFUL TERMINATION CLAIM AGAINST THE CITY OF PHILADELPHIA IS DISMISSED WITH PREJUDICE BY AGREEMENT; PLAINTIFF IS GRANTED LEAVE TO FILE AND SERVE AN AMENDED COMPLAINT WITHIN 20 DAYS IF WARRANTED BY THE FACTS; AND, A PRELIMINARY PRE-TRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/30/10. 8/30/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

STUBBS v. NUTTER et al

Doc. 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _____________________________________ WELLINGTON STUBBS, Plaintiff, v. MICHAEL NUTTER, EVERETT GILLISON, CITY OF PHILADELPHIA, BILL JOHNSON, TIM REDDICK, and CARY KING, Defendants. _____________________________________ : : : : : : : : : : : CIVIL ACTION

NO. 10-3200

ORDER AND NOW, this 30th day of August, 2010, upon consideration of defendants' Motion to Dismiss in Part (Document No. 4, filed August 2, 2010), and Plaintiff's Opposition to the Defendants' Motion to Dismiss in Part the Complaint Under Federal Civil Procedure Rule 12(b)(6) with a Motion Under Federal Civil Procedure Rule 15 to Amend Should the Court Deem an Amendment Necessary (Document No. 5, filed August 12, 2010), for the reasons set forth in the Memorandum dated August 30, 2010, IT IS ORDERED as follows: 1. 2. Defendants' Motion to Dismiss in Part is GRANTED; Plaintiff's Section 1983 Fourteenth Amendment claims ­ alleging violations of

the Equal Protection Clause and substantive and procedural due process rights ­ are DISMISSED WITHOUT PREJUDICE as to all defendants; 3. Plaintiff's wrongful termination claim against the City of Philadelphia is

DISMISSED WITH PREJUDICE by agreement; 4. Plaintiff is GRANTED LEAVE to file and serve an amended complaint within

20 days if warranted by the facts; and,

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5.

A preliminary pre-trial conference will be scheduled in due course.

BY THE COURT:

/s/ Jan E. DuBois JAN E. DUBOIS, J.