AINA et al v. HOWARD-VITAL et al
Filing
26
MEMORANDUM AND ORDER THAT ALL DEFENDANTS' MOTION TO DISMISS MRS. AINA SEC.1983 AND 1985 CLAIMS PREMISED ON ALLEGED FIRST AMENDMENT VIOLATIONS ARE GRANTED WITHOUT PREJUDICE IN PART AND DENIED IN PART; ALL DEFENDANTS' MOTIONS TO DISMISS MRS. AINA'S SEC. 1983 AND 1985 CLAIMS PREMISED ON INJURY TO REPUTATION ARE GRANTED WITHOUT PREJUDICE; THE COMMONWEALTH DEFENDANTS' MOTION TO DISMISS MRS. AINA'S STATE-LAW DEFAMATION CLAIM IS GRANTED WITH PREJUDICE; DEFENDANT HADLEY'S M OTION TO DISMISS MRS. AINA'S STATE-LAW DEFAMATION CLAIM IS DENIED; ALL DEFENDANTS' MOTION TO DISMISS ALL CLAIMS BY DR. AINA ARE GRANTED WITHOUT PREJUDICE; PLAINTIFF MAY AMEND THEIR COMPLAINT WITHOUT LEAVE OF COURT WITHIN 21 DAYS OF THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/8/2013. 10/9/2013 ENTERED AND COPIES E-MAILED.(kk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AINA, et al.,
Plaintiffs,
v.
CIVIL ACTION NO. 13-2702
HOWARD-VITAL, et al.,
Defendants.
ORDER
AND NOW, this 8th day of October 2013, upon consideration of Plaintiffs' Complaint
(Doc. No. 1), the Commonwealth Defendants' Motion to Dismiss (Doc. No. 11), Defendant
Hadley's Motion to Dismiss (Doc. No. 12), Plaintiffs' Responses thereto (Doc. Nos. 17 & 18),
the Commonwealth Defendants' Reply to Plaintiffs' Response to Commonwealth Defendants'
Motion to Dismiss (Doc. No. 21), and Plaintiffs' Sur-Reply to Commonwealth Defendants'
Reply to Plaintiffs' Response to Defendants' Motion to Dismiss (Doc. No. 24), it is hereby
ORDERED that for the reasons stated in the accompanying Memorandum Opinion:
1. All Defendants' Motions to Dismiss Mrs. Aina's §§ 1983 and 1985 claims premised
on alleged First Amendment violations are GRANTED without prejudice in part
and DENIED in part to the extent stated in the accompanying Memorandum Opinion;
2. All Defendants' Motions to Dismiss Mrs. Aina's §§ 1983 and 1985 claims premised
on injury to reputation are GRANTED without prejudice;
3. The Commonwealth Defendants' Motion to Dismiss Mrs. Aina's state-law
defamation claim is GRANTED with prejudice;
4. Defendant Hadley's Motion to Dismiss Mrs. Aina's state-law defamation claim is
DENIED;
5. All Defendants' Motions to Dismiss all claims by Dr. Aina are GRANTED without
prejudice.
6. Plaintiffs may amend their Complaint without leave of Court within 21 days ofthe
entry of this Order.
It is so ORDERED.
BY THE COURT:
YNTHIA
2
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RU;E, J.
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