T.I.B.C. PARTNERS, LP et al v. THE CITY OF CHESTER et al

Filing 63

ORDER THAT THE MOTIONS OF DEFENDANTS TO DISMISS UNDER FEDERAL RULE OF CIVIL PROCEDURE 12 (b)(6) ARE GRANTED. THE CLERK OF COURT SHALL TERMINATE THE CITY OF CHESTER AND JOHN A. LINDER AS DEFENDANTS IN THIS CASE BECAUSE ALL CLAIMS AGAINST THESE TWO DEFENDANTS HAVE BEEN DISMISSED WITH PREJUDICE; ETC.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/19/16. 4/19/16 ENTERED AND E-MAILED.(jl, )

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

T.I.B.C. PARTNERS, LP, et al.,
Plaintiffs,
v.
THE CITY OF CHESTER, et al.,
Defendants.

:
:
:
:
:
:
:
:
:

CIVIL ACTION

NO. 14-3697

ORDER
AND NOW, this 19th day of April, 2016, upon consideration of the “Motion of
Defendant, Joseph Bail, Jr., Police Commissioner, to Dismiss Under Federal Rule of Civil
Procedure 12(b)(6), 12(e) and 12(f)” (Doc. No. 27), the “Motion to Dismiss Pursuant to Fed. R.
Civ. Pro. 12(b)(6) on Behalf of Defendants, City of Chester and John A. Linder” (Doc. No. 30),
the “Motion of Defendants Keystone Sports and Entertainment LLC, FC Pennsylvania Stadium
LLC, Pennsylvania Professional Soccer LLC and David P. DeBusschere to Dismiss Plaintiffs’
Complaint Pursuant to Fed. R. Civ. P. 12(b)(6)” (Doc. No. 32), and the “Motion to Dismiss
Plaintiffs’ Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, Alternatively,
Motion for a More Definite Statement Pursuant to Federal Rule of Civil Procedure 12(e) of
Defendants, Global Spectrum, Inc. and Michael Scanlon” (Doc. No. 33), and the responses and
replies thereto, it is hereby ORDERED that the motions are GRANTED such that:
-

The civil RICO claim (Count I) is DISMISSED WITHOUT PREJUDICE.
Plaintiffs may file a motion for leave to amend the complaint as to the RICO
claim against Defendant Police Commissioner Bail, the Keystone Defendants, and
1

the Global Spectrum Defendants within thirty (30) days of this Order. Failure to
do so will result in the dismissal of this claim with prejudice.
-

The 42 U.S.C. § 1983 procedural due process claim (Count II) and the 42 U.S.C.
§ 1988 claim (Count III) are DISMISSED WITH PREJUDICE.

-

The state law claims (Counts IV-VII) against Defendant Mayor Linder, Defendant
Commissioner Bail, and the Keystone Defendants are DISMISSED WITH
PREJUDICE.

-

The state law claims (Counts IV-VII) against the Global Spectrum Defendants are
DISMISSED WITHOUT PREJUDICE and may be included in a proposed
amended complaint to be filed with their timely motion for leave to file an
amended complaint as to the RICO claim.

IT IS FURTHER ORDERED that the Clerk of Court shall TERMINATE the City of
Chester and John A. Linder as Defendants in this case because all claims against these two
Defendants have been dismissed with prejudice.
BY THE COURT:

/s/ Mitchell S. Goldberg
____________________
Mitchell S. Goldberg, J.

2