CICHONKE v. BRISTOL TOWNSHIP et al

Filing 31

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. A STATUS CONFERENCE IS SET FOR 12/21/2015 AT 10:00 AM IN THE CHAMBERS OF THE HONORABLE RONALD L. BUCKWALTER. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/14/2015. 12/15/2015 ENTERED AND COPIES E-MAILED.(kp, )

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

JOHN CICHONKE,
Plaintiff,
v.
BRISTOL TOWNSHIP, et al.,
Defendants.

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CIVIL ACTION

NO. 14-4243

ORDER
AND NOW, this 14th day of December, 2015, upon consideration of the Motion for
Summary Judgment by Defendants Bristol Township, William McCauley, and Scott Swichar
(Docket No. 24), Plaintiff’s Response in Opposition (Docket No. 26), Defendants’ Reply
(Docket No. 28), and Plaintiff’s Sur-reply (Docket No. 29), it is hereby ORDERED that the
Motion is GRANTED IN PART and DENIED IN PART as follows:
1. As to those aspects of Counts Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen,
Fifteen, and Sixteen concerning the “second certification” and the allegations
regarding comments of “just” trigeminal neuralgia, the Motion is GRANTED;
2. As to Counts Eighteen, Nineteen, and Twenty, the Motion is GRANTED;
3. As to Counts Two, Three, Seven, all remaining aspects of Counts Eight, Nine, Ten,
Eleven, Twelve, Thirteen, Fourteen, Fifteen, and Sixteen, Count Seventeen, and the
punitive damages claims in connection with Counts Two and Three, the Motion is
DENIED.
4. A STATUS CONFERENCE will be held on Monday, December 21, 2015 at 10:00
a.m. in the Chambers of the Undersigned.

It is so ORDERED.

BY THE COURT:

_s/ Ronald L. Buckwalter ___________
RONALD L. BUCKWALTER, S.J.