TERRY v. YEADON BOROUGH et al

Filing 13

ORDER THAT DEFTS' MOTION TO DISMISS AMENDED COMPLAINT IS GRANTED IN PART & DENIED IN PART. MOTION IS GRANTED AS TO YEADON BOROUGH & THE YEADON BOROUGH COUNCIL, & THE CLAIMS AGAINST THOSE DEFTS ARE DISMISSED WITHOUT PREJUDICE. MOTION IS DENIED AS TO THE INDIVIDUAL DEFTS. PLFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT IN CONFORMITY WITH THE ACCOMPANYING MEMORANDUM OPINION NO LATER THAN 1/6/2014, ETC.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/13/13. 12/13/13 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
EVERETT K. TERRY,
:
Plaintiff
:
:
v.
:
:
CIVIL ACTION NO. 12-6205
:
YEADON BOROUGH, et al.,
:
Defendants.
:
ORDER
AND NOW, this 13th day of December 2013, upon consideration of Defendants’ Motion
to Dismiss the Amended Complaint, it is hereby ORDERED that the Motion is GRANTED in
part and DENIED in part as follows:
1.

The Motion is GRANTED as to Yeadon Borough and the Yeadon Borough

Council, and the claims against those Defendants are DISMISSED WITHOUT PREJUDICE.
2.

The Motion is DENIED as to the Individual Defendants.

3.

Plaintiff is granted leave to file a second amended complaint in conformity with

the accompanying Memorandum Opinion no later than January 6, 2014. If Plaintiff does not file
a second amended complaint, then the Individual Defendants shall file an answer to the
Amended Complaint no later than January 20, 2014.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_______________________
CYNTHIA M. RUFE, J.