JACOBS et al v. PALMER et al
ORDER THAT COUNTS TWO AND FIVE OF PLAINTIFFS COMPLAINT ARE DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND. THE CITY OF CHESTER IS DISMISSED WITH PREJUDICE AS A PARTY; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/10/15. 3/10/15 ENTERED AND E-MAILED.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEN JACOBS and TIMOTHY
DELAWARE COUNTY DETECTIVE M.
PALMER, DETECTIVE WORRILOW,
UNKNOWN DELAWARE COUNTY
POLICE OFFICERS, THE COUNTY OF
COMMISSIONER JOSEPH BAIL,
CAPTAIN C. FELL, UNKNOWN CITY
OF CHESTER POLICE OFFICERS, and
THE CITY OF CHESTER,
AND NOW, this 10th day of March, 2015, after consideration of Defendants the City of
Chester, Police Commissioner Joseph Bail, and Police Captain C. Fell’s Motion to Dismiss (ECF
9) and Plaintiffs’ Response (ECF 14), and after consideration of Defendants Delaware County
Detective M. Palmer, Detective Worrilow, and the County of Delaware’s Partial Motion to
Dismiss (ECF 12) and Plaintiffs’ Response (ECF 13), it is hereby ORDERED that
1. both Motions to Dismiss (ECF 9 and 12) are GRANTED;
2. Counts Two and Five of Plaintiffs’ Complaint are DISMISSED WITHOUT
PREJUDICE and with leave to amend;
The City of Chester is DISMISSED WITH PREJUDICE as a party; and
4. Pursuant to Fed. R. Civ. P. Rule 11(b)(2) & (c)(3), Plaintiffs’ counsel is
ORDERED TO SHOW CAUSE within 14 days why sanctions in the form of
attorney’s fees and costs should not be awarded to Defendants due to Plaintiffs’
failure to cite to any current, post-Twombly precedential case law.
BY THE COURT:
/s/ Michael M. Baylson
MICHAEL M. BAYLSON, U.S.D.J.
O:\CIVIL 14\14-5797 jacobs v. palmer\14cv5797.order.MotionToDismiss.03.09.2015.docx
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?