SIMONDS v. DELAWARE COUNTY et al

Filing 29

ORDER THAT DEFTS DELAWARE COUNTY, COMMUNITY EDUCATION CENTERS, INC., PHILLIPS, MULLAN & CRAIG'S MOTIONS TO DISMISS PLFF'S SECOND AMENDED COMPLAINT ARE GRANTED IN PART & DENIED IN PART, ETC. PLFF'S CLAIMS AGAINST DEFTS DIXON & LYNCH ARE DISMISSED WITHOUT PREJUDICE TO REFILING, ETC. IT IS FURTHER ORDERED THAT PLFF MAY FILE A THIRD AMENDED COMPLAINT ON OR BEFORE 2/2/2015, ETC.SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/21/15. 1/22/15 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 21st day of January, 2015, upon consideration of defendants Delaware
County, Community Education Centers, Inc., Phillips, Mullan (incorrectly identified as
“Mutian”) and Craig’s motions to dismiss plaintiff’s second amended complaint (Dkt. Nos. 21,
25) and plaintiff’s responses (Dkt. Nos. 22, 27), it is ORDERED that the motions are
GRANTED IN PART and DENIED IN PART as follows. Defendants’ motions are GRANTED
to the extent that they seek dismissal of: (a) plaintiff’s claims in Count III of her second amended
complaint against defendants Delaware County and Community Education Centers, Inc.; (b)
plaintiff’s conspiracy claim against defendants in Count II of her second amended complaint.
The foregoing claims are DISMISSED. Additionally, plaintiff’s claims against defendants
Dixon and Lynch are DISMISSED without prejudice to refiling. Defendants’ motions are
DENIED in all other respects.
It is FURTHER ORDERED that, to the extent that she is able to allege facts sufficient to
support her conspiracy claim set forth in Count II of her second amended complaint and
consistent with the accompanying memorandum of law, plaintiff may file a third amended
complaint on or before February 2, 2015. Should plaintiff not file a third amended complaint on
or before that date, the parties shall agree upon a schedule for discovery and the filing of
summary judgment motions and shall submit their proposed schedule to the Court for approval
on or before February 9, 2015.

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