SMITH v. PHILADELPHIA HOUSING AUTHORITY et al

Filing 41

ORDER THAT THE MOTIONS ARE GRANTED. IT IS FURTHER ORDERED THAT COUNT I OF THE AMENDED COMPLAINT IS DISMISSED AS WITHDRAWN AGAINST THE PHA AND CORYELL AND IS DISMISSED WITHOUT PREJUDICE AGAINST THE UNION; COUNT II IS DISMISSED WITH PREJUDICE AGAINST T HE UNION AND CORYELL; COUNT III IS DISMISSED AS WITHDRAWN IN PART AGAINST THE UNION AS TO CLAIMS UNDER 42 U.S.C. 1985 AND DISMISSED WITH PREJUDICE AS TO THE REMAINDER; COUNT IV IS DISMISSED WITH PREJUDICE. THE PLAINTIFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 9/10/2012 AS TO COUNT I AGAINST THE UNION ONLY. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 8/9/12. 8/10/12 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT SMITH
v.
PHILADELPHIA HOUSING
AUTHORITY, et al.

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CIVIL ACTION

NO. 12-329

ORDER
AND NOW, this 9th day of August, 2012, upon
consideration of the motions to dismiss of the defendants
Philadelphia Housing Authority (“PHA”) (Docket No. 16); Edward
Coryell and the International Brotherhood of Carpenters and
Joiners of America, Local 8 (“Union”) (Docket No. 21); and Carl
Greene (Docket No. 32); the plaintiff’s oppositions thereto; the
defendants’ briefs in reply, after oral argument on the motions
on August 9, 2012; and for the reasons stated in a memorandum of
law bearing today’s date, IT IS HEREBY ORDERED that the motions
are GRANTED.
IT IS FURTHER ORDERED that:
1.

Count I of the Amended Complaint is DISMISSED as
withdrawn against the PHA and Coryell and is
DISMISSED WITHOUT PREJUDICE against the Union;

2.

Count II is DISMISSED WITH PREJUDICE against the
Union and Coryell;

3.

Count III is DISMISSED as WITHDRAWN IN PART
against the Union as to claims under 42 U.S.C.
§ 1985 and DISMISSED WITH PREJUDICE as to the

remainder;
4.

Count IV is DISMISSED WITH PREJUDICE.

The plaintiff may file an amended complaint on or
before September 10, 2012 as to Count I against the Union only.

BY THE COURT:
/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

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