MASSI v. CITY AND COUNTY OF PHILADELPHIA et al

Filing 23

ORDERED THAT DEFENDANTS' MOTION TO DISMISS (DOCKET NO. 14) IS GRANTED IN PART AND DENIED IN PART AS SET FORTH IN THE ORDER. IF PLAINTIFF WANTS TO FILE A SECOND AMENDED COMPLAINT, HE MUST DO SO BY APRIL 5, 2013. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/25/13. 3/25/13 ENTERED AND COPIES E-MAILED.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN MASSI,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

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CIVIL ACTION

NO. 12-1309

ORDER
AND NOW, this 25th day of March, 2013, upon consideration of Plaintiff John Massi’s
Amended Complaint (Docket No. 11), the Defendants’ Motion to Dismiss (Docket No. 14), and
Mr. Massi’s response thereto (Docket No. 21), and for the reasons stated in the accompanying
Memorandum, it is hereby ORDERED that:
1.

The Defendants’ Motion to Dismiss (Docket No. 14) is GRANTED IN PART
without prejudice for Counts 1-4, 6-7, 9 (as to the City of Philadelphia and the
Philadelphia Police Department), 10 (as to Commissioner Ramsey, Deputy
Commissioner Bethel, Mr. Allen, and the City of Philadelphia), 11 (as to
Commissioner Ramsey, Deputy Commissioner Bethel, and Mr. Allen), and 12.

2.

The Defendants’ Motion to Dismiss is GRANTED IN PART with prejudice for
Counts 5, 8, 9 (as to the individual Defendants), 10 (as to the Philadelphia Police
Department), and 11 (as to the City of Philadelphia and the Philadelphia Police
Department).

3.

The Defendants’ Motion to Dismiss is DENIED as to the claims against Mr.
Washington and Mr. Vest that are set forth in Counts 10 and 11.

4.

If Mr. Massi chooses to file a second amended complaint, he shall do so by April
5, 2013 in a manner consistent with the terms of the Court’s opinion. In addition

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to filing such a complaint on the docket, Mr. Massi must serve the Court and
opposing counsel with a color-printed “redline” of the amended complaint, so that
the parties and the Court may view how it differs from his original complaint.
5.

The Defendants shall answer or otherwise respond to Mr. Massi’s complaint
either by April 19, 2013, or within fourteen (14) days of his filing a second
amended complaint, whichever is earlier.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge

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