DEVORE v. CHEYNEY UNIVERSITY OF PENNSYLVANIA et al

Filing 66

ORDERED THAT ALL CLAIMS AGAINST DEFENDANT JOHN GALLAHAN ARE DISMISSED WITHOUT PREJUDICE. DEFENDANT COLWYN BOROUGH'S MOTION (DOCKET NO. 13) IS GRANTED IN PART AND DENIED IN PART. DEFENDANT WENDELL REED'S MOTION (DOCKET NO. 17) IS GRANTED. DEFENDANT DANIEL RUTLAND'S MOTION (DOCKET NO. 20) IS GRANTED IN PART AND DENIED IN PART. DEFENDANT TONETTE PRAY'S MOTION (DOCKET NO. 35) IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS BRYAN HILLS AND JAMES HAZELTON'S MOTION (DOCKE T NO. 45) IS GRANTED. DEFENDANT STEVE SIBBETT'S MOTION (DOCKET NO. 49) IS GRANTED. DEFENDANT JOHN FITZGERALD'S MOTION (DOCKET NO. 54) IS GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/3/12. 1/3/12 ENTERED AND COPIES E-MAILED.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN DEVORE,
Plaintiff,
v.
CHEYNEY UNIVERSITY of
PENNSYLVANIA, et al.,
Defendants.

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CIVIL ACTION

No. 11-274

ORDER
AND NOW, this 3rd day of January, 2012, upon consideration of Defendants Colwyn
Borough, Wendell Reed, Daniel Rutland, Tonette Pray, Bryan Hills, James Hazelton, Steve
Sibbett, and John Fitzgerald’s Motions to Dismiss Plaintiff’s First Amended Complaint (Docket
Nos. 13, 17, 20, 35, 45, 49, 54), Plaintiff’s oppositions thereto (Docket Nos. 18, 25, 32, 46, 52,
56) and various replies and surreplies (Docket Nos. 29, 59, 60), and after oral argument, it is
hereby ORDERED that:
1.

All claims against Defendant John Gallahan are DISMISSED without prejudice.1

2.

Defendant Colwyn Borough’s Motion (Docket No. 13) is GRANTED in part and
DENIED in part. Defendant’s Motion is granted as to Count I, and granted in
part and denied in part as to Counts IV and V, as set forth in the Memorandum
accompanying this Order.

3.

Defendant Wendell Reed’s Motion (Docket No. 17) is GRANTED.

4.

Defendant Daniel Rutland’s Motion (Docket No. 20) is GRANTED in part and
DENIED in part. Defendant’s Motion is granted as to Counts II and III and

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As noted in the accompanying memorandum, Mr. DeVore’s counsel voluntarily
withdrew all claims against Mr. Gallahan at oral argument.
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denied as to Count V.
5.

Defendant Tonette Pray’s Motion (Docket No. 35) is GRANTED in part and
DENIED in part. Defendant’s Motion is granted as to Count V and denied as to
Count II.

6.

Defendants Bryan Hills and James Hazelton’s Motion (Docket No. 45) is
GRANTED.

7.

Defendant Steve Sibbett’s Motion (Docket No. 49) is GRANTED.

8.

Defendant John Fitzgerald’s Motion (Docket No. 54) is GRANTED.

9.

If Plaintiff John DeVore elects to try to file an amended complaint, he must file a
motion seeking leave to do so (together with the proposed amended complaint as
an exhibit to the motion) no later than 21 days from the date of this Order. Any
interested Defendant may file an opposition to the motion for leave to amend
within 14 days after the motion for leave to amend is filed.
BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE

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