MOMOT v. CITY OF PHILADELPHIA et al

Filing 6

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT COUNT II OF PLIANITFF'S COMPLAINT IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/16/12. 5/17/12 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
PETER MOMOT, individually and as
Administrator of the Estate of Mark
Momot,
Plaintiff,
v.
CITY OF PHILADELPHIA, POLICE
COMMISSIONER CHARLES RAMSEY,
THE PHILADELPHIA POLICE
DEPARTMENT, and PHILADELPHIA
POLICE OFFICERS JOHN/JANE DOE
1-5,
Defendants.
_____________________________________

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CIVIL ACTION

NO. 11-cv-7806-JD

ORDER
AND NOW, this 16th day of May, 2012, upon consideration of Defendant City of
Philadelphia’s Motion to Dismiss Counts III, IV and V and All Claims Against Commissioner
Ramsey Pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim 1
(Document No. 3, filed January 24, 2012), and plaintiff’s Brief in Opposition to Defendant City
of Philadelphia’s Motion to Dismiss Counts III, IV, and V Pursuant to Federal Rule of Civil
Procedure 12(b)(6) for Failure to State a Claim (Document No. 4, filed February 15, 2012), for
the reasons set forth in the Memorandum dated May 16, 2012, IT IS ORDERED that
defendants’ Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows:
1

Defendants’ filing contained only a proposed order and a brief in support of the Motion to
Dismiss; there was no motion. However, the Court construes defendants’ filing as a motion to
dismiss under Rule 12(b)(6). Further, although the title of defendants’ brief states that only the
City of Philadelphia moves to dismiss, the brief seeks dismissal of Counts III, IV, and V as to all
defendants. Thus, the Court addresses defendants’ motion as to all defendants.

1.

Defendants’ Motion to Dismiss is GRANTED as to Counts III, IV, and V; those

Counts are DISMISSED as follows:
a.

Count III is DISMISSED WITH PREJUDICE.

b.

Counts IV and V DISMISSED WITHOUT PREJUDICE to plaintiff’s

right to amend the Complaint if warranted by the facts. Any amended complaint shall be
filed and served on or before May 30, 2012. One (1) copy of any amended complaint
shall be served on the Court (Chambers, Room 12613) when the original is filed.
2.

Defendants’ Motion to Dismiss is GRANTED as to all claims against the City of

Philadelphia Police Department and all claims for punitive damages against the City of
Philadelphia.
3.

Defendants’ Motion to Dismiss is DENIED in all other respects.

IT IS FURTHER ORDERED that Count II of plaintiff’s Complaint is DISMISSED
WITH PREJUDICE.

BY THE COURT:

____/s/ Hon. Jan E. DuBois____
JAN E. DUBOIS, J.