WOODEN v. BRION et al

Filing 30

MEMORANDUM ORDER THAT DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT (DOC. NO. 19 ), IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S CLAIMS AGAINST THE INDIVIDUAL DEFENDANT IN THEIR OFFICIAL CAPACITIES AND THE B OARD ARE DISMISSED. PLAINTIFF'S SECOND AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE TO PLAINTIFF'S RIGHT TO AMEND THE SECOND AMENDED COMPLAINT ON OR BEFORE 20 DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/24/2015. 3/25/2015 ENTERED AND COPIES E-MAILED.(amas)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN R. WOODEN Plaintiff, v. PENNSYLVANIA LIQUOR CONTROL BOARD, et al. Defendants. : : : : : : : CIVIL ACTION NO. 13-3498 ORDER AND NOW, this 24th day of March, 2015, upon consideration of the Motion of Defendants, the Pennsylvania Liquor Control Board (“the Board”) and Joseph Brion, Jeffrey Lawrence, Frank Miller, and William J. Oleszek, to Dismiss Plaintiff’s Second Amended Complaint (ECF Document 19), defendants’ brief in support thereof, plaintiff’s opposition thereto, and defendants’ reply, and following oral argument, for the reasons provided in the accompanying Memorandum, it is hereby ORDERED that Defendants’ motion (Doc. 19) is GRANTED IN PART and DENIED IN PART, as follows: 1. Defendants’ motion (Doc. 19) is DENIED as MOOT with regard to plaintiff’s claims against Defendants Brion, Lawrence, Miller, and Oleszek (“Individual Defendants”) in their official capacities and the Board, since plaintiff has withdrawn those claims. See Tr. Oral Arg. 12/15/14, at 3. Accordingly, plaintiff’s claims against the Individual Defendants in their official capacities and the Board are DISMISSED; 2. Defendants’ motion to dismiss (Doc. 19) on the basis of issue preclusion is DENIED; 3. Defendants’ motion to dismiss (Doc. 19) is GRANTED insofar as defendants 1 claim plaintiff’s Second Amended Complaint fails to sufficiently state a claim for relief. Accordingly, plaintiff’s Second Amended Complaint is DISMISSED without prejudice to plaintiff’s right to amend the Second Amended Complaint on or before 20 days from the date of this Order, if he can do so under the confines of Fed. R. Civ. P. 11(b). Otherwise, the Second Amended Complaint is dismissed with prejudice. BY THE COURT: s/ L. Felipe Restrepo -------------------------------------------------------L. FELIPE RESTREPO UNITED STATES DISTRICT JUDGE 2

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