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)

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

JOHN R. WOODEN
Plaintiff,
v.
PENNSYLVANIA LIQUOR CONTROL
BOARD, et al.
Defendants.

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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Defendants”) in their official capacities and the Board, since plaintiff has withdrawn those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

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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

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