SIMONDS v. DELAWARE COUNTY et al

Filing 16

ORDER THAT DEFTS' MOTION TO DISMISS PLFF'S AMENDED COMPLAINT IS GRANTED IN PART & DENIED IN PART, ETC. IT IS FURTHER ORDERED THAT, TO THE EXTENT THAT SHE IS ABLE TO ALLEGE FACTS SUFFICIENT TO SUPPORT HER DISMISSED CLAIMS CONSISTENT WITH THE ACCOMPANYING MEMORANDUM OF LAW, PLFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 7/25/2014.SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/1/14. 7/2/14 ENTERED AND COPIES E-MAILED AND MAILED TO UNREPRESENTED PARTIES(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BRIDGET SIMONDS
v.
DELAWARE COUNTY, et al.

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CIVIL ACTION
NO. 13-7565

ORDER
AND NOW, this 1st day of July, 2014, upon consideration of defendants’ motion to
dismiss plaintiff’s amended complaint (Dkt. No. 10) and plaintiff’s response (Dkt. No. 14), it is
ORDERED that the motion is GRANTED IN PART and DENIED IN PART as follows.
Defendants’ motion is GRANTED to the extent that it seeks dismissal of: (a) plaintiff’s claims in
Count I of her amended complaint against defendant Kelly Mullan (incorrectly denominated as
Kelly Mutian); (b) plaintiff’s claims against defendants Delaware County and CEC in Count II of
her amended complaint; and (c) plaintiff’s claim for punitive damages. The foregoing claims are
DISMISSED. Defendants’ motion is DENIED in all other respects.
It is FURTHER ORDERED that, to the extent that she is able to allege facts sufficient to
support her dismissed claims consistent with the accompanying memorandum of law, plaintiff
may file an amended complaint on or before July 25, 2014.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.