STEWART v. KINCH et al
Filing
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ORDERED THAT DEFENDANTS' MOTION TO DISMISS (DCKET NO. 7) IS DENIED IN PART AND GRANTED IN PART. COUNTY DEFENDANTS' MOTION TO DISMISS (DOCKET NO. 8) IS DENIED IN PART AND GRANTED IN PART. PROMACARE DEFENDANTS' MOTION TO DISMISS (DOCKE T NO. 11) IS GRANTED WITHOUT PREJUDICE. IF PLAINTIFF CHOOSES TO FILE AN AMENDED COMPLAINT, HE SHALL DO SO BY JANUARY 11, 2013. THE DEFENDANTS SHALL ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT EITHER BY JANUARY 25, 2013 OR WITHIN FOURTEEN DAYS OF HIS FILING AN AMENDED COMPLAINT, WHICHEVER IS EARLIER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/20/12. 12/21/12 ENTERED AND COPIES E-MAILED.(rab, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT STEWART,
Plaintiff,
v.
OFFICER ROBERT KINCH, et al.,
Defendants.
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:
:
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CIVIL ACTION
NO. 12-1509
ORDER
AND NOW, this 20th day of December, 2012, upon consideration of Plaintiff Robert
Stewart’s Complaint (Docket No. 1), the Township Defendants’ Motion to Dismiss (Docket No.
7), the County Defendants’ Motion to Dismiss (Docket No. 8), the PrimaCare Defendants’
Motion to Dismiss (Docket Nos. 11-12), Mr. Stewart’s responses thereto (Docket Nos. 15-17,
19), and the Defendants’ reply briefs (Docket Nos. 21-22), and for the reasons stated in the
accompanying Memorandum, it is hereby ORDERED that:
1.
The Township Defendants’ Motion to Dismiss (Docket No. 7) is DENIED in part
with respect to Counts 1, 3, 4, and 7 (as to Officers Kinch and Armbruster);
GRANTED in part without prejudice with respect to Count 6; and GRANTED in
part with prejudice with respect to Count 7 (as to East Goshen and Westtown
Townships).
2.
The County Defendants’ Motion to Dismiss (Docket No. 8) is DENIED in part
with respect to Counts 8 (as to Officers Emmons and Whiteside), 9, 10 (as to the
claim for battery), 11 (as to Officers Emmons and Whiteside), 12, and 15 (as to
Officers Emmons and Whiteside); GRANTED in part without prejudice with
respect to Counts 8 (as to Officers Kelly, Brooks, Yancik, Griswold, and
Moeller), 10 (as to the claim for assault), 13, 14, 15 (as to Officers Kelly, Brooks,
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Yancik, Griswold, and Moeller), and 16; and GRANTED in part with prejudice
with respect to Counts 11 (as to Chester County and Chester County Prison) and
15 (as to Chester County and Chester County Prison).
3.
The PrimaCare Defendants’ Motion to Dismiss (Docket Nos. 11-12) is
GRANTED without prejudice.
4.
If Mr. Stewart chooses to file an amended complaint, he shall do so by January
11, 2013 in a manner consistent with the terms of the Court’s opinion. In addition
to filing such a complaint on the docket, Mr. Stewart 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. Stewart’s complaint
either by January 25, 2013, or within fourteen (14) days of his filing an 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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