HAYWARD v. BOROUGH OF SHARON HILL et al

Filing 25

ORDERED THAT DEFENDANT BOROUGH OF SHARON HILL'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS MAY FILE AN AMENDED COMPLAINT NO LATER THAN 14 DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/24/13. 10/25/13 ENTERED AND COPIES E-MAILED.(rab, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANTONIO HAYWARD Plaintiff, : : : : : : : v. BOROUGH OF SHARON HILL, et al. Defendants. CIVIL ACTION NO. 13-825 ORDER AND NOW, this 24th day of October, 2013, upon consideration of Defendant the Borough of Sharon Hill’s Motion to Dismiss (Docket No. 15) and Plaintiff’s Opposition thereto (Docket No. 20), it is hereby ORDERED that Defendant’s Motion is GRANTED in part, and DENIED in part as follows: 1. Defendant’s Motion is GRANTED as to Count III only regarding Plaintiff’s allegations of procedural due process violations, and those allegations are DISMISSED with prejudice. 2. By Consent of Plaintiff, Defendant’s Motion is GRANTED as to Count V, and Count V is DISMISSED without prejudice. 3. By Consent of Plaintiff, Defendant’s Motion is GRANTED as to Count VI, and Count VI is DISMISSED with prejudice. 4. The remainder of Defendant’s Motion is DENIED. 1 5. Plaintiffs may file an amended complaint no later than 14 days from the date of this order. BY THE COURT: S/Gene E.K. Pratter GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE 2

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