PALAZZOLO v. DAMSKER et al

Filing 7

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS (DOC. NO. 3), DEFENDANTS' BRIEF IN SUPPORT THEREOF, AND PLAINTIFF'S MEMORANDUM IN OPPOSITION THERETO, THE MOTION IS GRANTED, COUNT I OF PLAINTIFF'S COMPLAINT AND PLAIN TIFF'S CLAIMS FOR PUNITIVE DAMAGES SET FORTH IN COUNTS I AND II ARE DISMISSED WITH PREJUDICE, AND PLAINTIFF'S CLAIM FOR VIOLATION OF THE ADEA SET FORTH IN COUNT III IS DISMISSED WITH LEAVE TO FILE RE-PLEAD WITHIN TEN (10) DAYS OF THE ENTRY DATE OF THIS ORDER. SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/30/2011. 7/1/2011 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOANNE PALAZZOLO,
Plaintiff,
vs.

:
:
:
:
DAVID C. DAMSKER, BUCKS COUNTY, :
PENNSYLVANIA, BUCKS COUNTY,
:
PENNSYLVANIA HEALTH DEPARTMENT, :
JOHN DOE, RITA ROE, and all
:
others acting in concert with
:
them and/or on their behalf,
:
Defendants. :

:
CIVIL ACTION
NO. 10 -CV-7430

ORDER
AND NOW, this

30th

day of June, 2011, upon consideration

of Defendants’ Motion to Dismiss (Doc. No. 3), Defendants’ Brief
in support thereof, and Plaintiff’s Memorandum in opposition
thereto, it is hereby ORDERED that the Motion is GRANTED, Count I
of Plaintiff’s Complaint and Plaintiff’s claims for punitive
damages set forth in Counts I and II are DISMISSED with
PREJUDICE, and Plaintiff’s claim for violation of the ADEA set
forth in Count III is DISMISSED with leave to file re-plead
within ten (10) days of the entry date of this Order.
BY THE COURT:
s/J. Curtis Joyner
J. CURTIS JOYNER,

C.J.