DONEKER et al v. COUNTY OF BUCKS et al

Filing 43

ORDER THAT THE MOTION FOR LEAVE TO FILE A REPLY BRIEF 39 IS GRANTED. THE MOTION FOR LEAVE TO FILE A REPLY BRIEF 41 IS GRANTED. PLAINTIFFS' CLAIMS AGAINST THE BOARD OF COMMISSIONERS ARE WITHDRAWN, AND THE BOARD OF COMMISSIONERS IS DISMISSED A S A PARTY TO THIS ACTION. THE MOTION TO DISMISS FILED BY BUCKS COUNTY AND THE BOARD OF COMMISSIONERS IS DISMISSED AS MOOT INSOFAR AS IT PERTAINS TO THE BOARD OF COMMISSIONERS, AND GRANTED INSOFAR AS IT PERTAINS TO BUCKS COUNTY. PLAINTIFFS' CLAIM S AGAINST BUCKS COUNTY ARE DISMISSED. THE MOTIONS TO DISMISS FILED BY THE BUCKS COUNTY SHERIFF'S OFFICE AND DONNELLY IS GRANTED, AND THE CLAIMS ARE DISMISSED. PLAINTIFFS ARE GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT, ETC. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/26/13. 8/26/13 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SAMANTHA
ROMANEK

DONEKER

and

v.
COUNTY OF BUCKS, et al.

PHILIP :
:
:
:
:
:
:
ORDER

CIVIL ACTION

NO. 13-1534

AND NOW, this 26th day of August, 2013, upon consideration of the Motion to Dismiss
filed by the County of Bucks (“Bucks County”) and the Bucks County Board of Commissioners
(the “Board of Commissioners”) (Docket No. 32), and the Motion to Dismiss filed by the Bucks
County Sheriff’s Office and Edward J. Donnelly (Docket No. 38), and all documents filed in
connection therewith, and for the reasons stated in the accompanying Memorandum, IT IS
HEREBY ORDERED as follows:
1.

Bucks County’s and the Board of Commissioners’ Motion for Leave to File a
Reply Brief (Docket No. 39) is GRANTED.

2.

Bucks County Sheriff’s Office’s and Donnelly’s Motion for Leave to File a Reply
Brief (Docket No. 41) is GRANTED.

3.

Plaintiffs’ claims against the Board of Commissioners are WITHDRAWN based
on Plaintiffs’ voluntary withdrawal of those claims, and the Board of
Commissioners is DISMISSED as a party to this action.

4.

The Motion to Dismiss filed by Bucks County and the Board of Commissioners is
DISMISSED AS MOOT insofar as it pertains to the Board of Commissioners,
and GRANTED insofar as it pertains to Bucks County. Plaintiffs’ claims against
Bucks County are DISMISSED.

5.

The Motion to Dismiss filed by the Bucks County Sheriff’s Office and Donnelly
is GRANTED, and the claims against the Bucks County Sheriff’s Office and
Donnelly are DISMISSED.

6.

Plaintiffs are granted leave to file a Second Amended Complaint to state
cognizable claims under § 1983 against Bucks County, the Bucks County
Sheriff’s Office, and Donnelly. Any Second Amended Complaint shall be filed
by September 9, 2013.
BY THE COURT:
/s/John R. Padova
___________________
John R. Padova, J.

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