COLLURA v. CITY OF PHILADELPHIA et al

Filing 67

ORDER THAT PLAINTIFF'S MOTION TO REMAND TO COURT OF COMMON PLEAS 54 , IS DENIED. PLAINTIFF'S MOTION TO DECLINE SUPPLEMENTAL JURISDICTION AND REMAND AND REPLY TO BRIEF IN OPPOSITION TO REMAND 59 , IS DENIED. DEFENDANTS MOTION TO DISMISS PL AINTIFF'S SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM 62 , IS GRANTED, AND ALL CLAIMS AGAINST ALLIED BARTON SECURITY SERVICES LLC, DANIEL ROSIELLO, AND DIANE KOWALSKI, ARE DISMISSED WITH PREJUDICE. CITY DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT 63 , IS DENIED IN PART AND GRANTED IN PART. FURTHER INFORMATION IS AS OUTLINED HEREIN. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/31/2013. 8/1/2013 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
JASON COLLURA,
Plaintiff,
v.
CITY OF PHILADELPHIA, P/O CEDRIC
WHITE, P/O JOSEPH CORVI, P/O
DANIEL DAVIS, P/O MARIA ORTIZRODRIGUEZ, P/O JERROLD BATES, In
Their Individual Capacities, ALLIED
BARTON, DANIEL ROSIELLO, and
DIANE KOLWASKI,
Defendants.
_____________________________________

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CIVIL ACTION

NO. 2:12-cv-4398

ORDER
AND NOW, this 31st day of July, 2013, upon consideration of pro se Plaintiff’s Motion
to Remand to Court of Common Pleas (Document No. 54, filed March 28, 2013), Defendants’
Brief in Opposition to Plaintiff’s Motion to Remand (Document No. 57, filed April 10, 2013),
Plaintiff’s Motion to Decline Supplemental Jurisdiction And Remand Under 28 U.S.C. 1367(c) /
And Reply to Brief in Opposition to Remand (Document No. 59, filed April 16, 2013),
Defendant, AlliedBarton Security Services LLC’s, Joinder Reply to the City Defendants’ 1 Brief
in Opposition to Plaintiff’s Motion for Remand (Document No. 60, filed April 17, 2013),
Defendants, AlliedBarton Security Services LLC, Daniel Rosiello and Diane Kowalski’s, Motion
to Dismiss Plaintiff’s Second Amended Complaint for Failure to State a Claim Upon Which
Relief Can Be Granted (Document No. 62, filed April 18, 2013), City Defendants’ Motion to

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City Defendants are City of Philadelphia, Police Officers Cedric White, Joseph Corvi, and
Daniel Davis, Sergeant Maria Ortiz-Rodriguez, and Inspector Jerrold Bates.

Dismiss Plaintiff’s Second Amended Complaint (Document No. 63, filed April 18, 2013), Brief
of Plaintiff in Opposition to City of Philadelphia’s Motion to Dismiss Second Amended
Complaint (Document No. 64, filed April 29, 2013), and Brief of Plaintiff in Opposition to
Motion to Dismiss Second Amended Complaint by Defendant AlliedBarton (Document No. 65,
filed April 29, 2013), for the reasons stated in the attached Memorandum dated July 31, 2013, IT
IS ORDERED as follows:
1.

Plaintiff’s Motion to Remand to Court of Common Pleas (Document No. 54, filed

March 28, 2013) is DENIED;
2.

Plaintiff’s Motion to Decline Supplemental Jurisdiction And Remand Under 28

U.S.C. 1367(c) / And Reply to Brief in Opposition to Remand (Document No. 59, filed April
16, 2013) is DENIED;
3.

Defendants, AlliedBarton Security Services LLC, Daniel Rosiello and Diane

Kowalski’s, Motion to Dismiss Plaintiff’s Second Amended Complaint for Failure to State a
Claim Upon Which Relief Can Be Granted (Document No. 62, filed April 18, 2013) is
GRANTED, and all claims against AlliedBarton Security Services LLC, Daniel Rosiello, and
Diane Kowalski are DISMISSED WITH PREJUDICE; and
4.

City Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint

(Document No. 63, filed April 18, 2013) is DENIED IN PART and GRANTED IN PART as
follows:
a. That part of City Defendants’ Motion which seeks dismissal of plaintiff’s
Second Amended Complaint under Federal Rule of Civil Procedure 41(b) is
DENIED; and

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b. That part of City Defendants’ Motion which seeks dismissal of all claims
against City Defendants except the false arrest and illegal imprisonment
claims asserted against Police Officers Cedric White, Joseph Corvi, and
Daniel Davis is GRANTED, and all such claims are DISMISSED WITH
PREJUDICE.
IT IS FURTHER ORDERED that plaintiff and counsel for defendant Police Officers
Cedric White, Joseph Corvi, and Daniel Davis shall meet and confer and provide the Court with
a Case Management Order pursuant to Federal Rule of Civil Procedure 26(f) on or before August
30, 2013. Failure to comply with this directive will result in consideration by the Court of the
imposition of appropriate sanctions under the applicable Federal Rules of Civil Procedure,
including dismissal of the case with prejudice.
IT IS FURTHER ORDERED that the caption of the case is amended to delete reference
to all defendants excepting Police Officers Cedric White, Joseph Corvi, and Daniel Davis.

BY THE COURT:

_/s/ Hon. Jan E. DuBois_
JAN E. DuBOIS, J.

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