EASON v. CITY OF PHILADELPHIA et al

Filing 55

ORDERED THAT PLAINTIFF'S MOTION TO AMEND THE COMPLAINT (DOC. NO. 48 ) IS GRANTED. PLAINTIFF'S MPROPOSED FIRST AMENDED COMPLAINT IS DEEMED FILED. DEFNEDANTS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 46 ) IS GRANTED IN PART AND DISMISSED WITHOU T PREJUDICE IN PART AS OUTLINED HEREIN. THE PARTIES SHALL COMPLETE ANY ADDITIONAL DISCOVERY ON THE NEWLY ADDED CLAIMS BY 1/9/2015. IF DEFENDANT WISHES TO MOVE FOR SUMMARY JUDGMENT ON THESE CLAIMS, HE MAY DO SO ON OR BEFORE 1/23/2015. ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/10/2014. 12/11/2014 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
TIMOTHY EASON,
:
Plaintiff,
:
v.
:
CIVIL ACTION NO. 10-3279
:
CITY OF PHILADELPHIA, et al.,
:
Defendants.
:
____________________________________:
ORDER
AND NOW, this 10th day of December 2014, upon consideration of Plaintiff’s Motion to
Amend the Complaint [Doc. No. 48], and Defendant’s response in opposition, it is hereby
ORDERED that the Motion is GRANTED. Plaintiff’s Proposed First Amended Complaint,
attached as Exhibit A to Doc. No. 48, is deemed filed.
Upon consideration of Defendant’s Motion for Summary Judgment [Doc. No. 46], and
the response, reply, and sur-reply thereto, it is hereby ORDERED that the Motion is
GRANTED in part and DISMISSED WITHOUT PREJUDICE in part. It is granted as to
Count III of the Amended Complaint (which was the only count stated in the original complaint),
and dismissed without prejudice as to Count I of the Amended Complaint. 1
The parties shall complete any additional discovery on the newly added claims by
January 9, 2015. If Defendant wishes to move for summary judgment on these claims, he may
do so on or before January 23, 2015. Any motion for summary judgment shall follow the
standard method, and not this Court’s alternative method. However, Defendant shall still include
with his motion a Statement of Stipulated Material Facts, setting forth only material facts which
are not in dispute.

1

The Motion does not address Count II of the Amended Complaint.

It is hereby ORDERED that the parties shall report to the Court in writing with respect to
whether the case is settled on or before December 23, 2014. In the event the case is not settled,
counsel shall include in their joint report a statement as to whether they believe a settlement
conference before a magistrate judge, mediation under Local Civil Rule 53.3, or some other form
of alternative dispute resolution might be of assistance in resolving the case and, if so, on what
form of alternative dispute resolution they agree and by what date they will be prepared to
commence such proceedings.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.

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