THORPE et al v. UPPER MAKEFIELD TOWNSHIP et al

Filing 32

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT 15 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: ALL CLAIMS AGAINST DEFENDANT KERNAN ARE DISMISSED, COUNT V IS DIS MISSED AS TO UPPER MAKEFILED TOWNSHIP, AND COUNT IV IS DISMISSED AGAINST ALL DEFENDANTS. THE MOTION IS OTHERWISE DENIED. IT IS FURTHER ORDERED THAT PLAINTIFFS ARE GRANTED LEAVE TO FILE A MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 21 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/5/15. 11/6/15 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
DALE W. THORPE and RENEE M.
:
THORPE,
:
Plaintiffs,
:
:
v.
:
CIVIL ACTION NO. 14-6154
:
:
UPPER MAKEFIELD TOWNSHIP, et al :
Defendants.
:

ORDER
AND NOW, this 5th day of November 2015, upon consideration of Defendants’ Motion
to Dismiss or for Summary Judgment [Doc. No. 15] and the responses and replies thereto, it is
hereby ORDERED that the Motion is GRANTED in part and DENIED in part as follows:
All claims against Defendant Kernan are DISMISSED, Count V is DISMISSED as to Upper
Makefield Township, and Count IV is DISMISSED against all Defendants. The Motion is
otherwise DENIED.
It is further ORDERED that Plaintiffs are granted leave to file a motion for leave to file
an Amended Complaint within 21 days of the date of this Order. If Plaintiffs choose to file such
a motion, it must include a proposed Amended Complaint as an exhibit. If Plaintiffs do not file a
motion for leave to file an Amended Complaint, then Defendants shall answer the Complaint
within 28 days of the date of this Order.
It is so ORDERED.
BY THE COURT:
/s/Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.