SHOFFNER et al v. WENEROWICZ et al

Filing 9

ORDER THAT THE DEFENDANTS MOTION TO DISMISS (DOC. NO. 5 ) IS GRANTED: PLAINTIFFS PUTATIVE CLASS ACTION CLAIMS ARE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION; PLAINTIFFS FOURTH AMENDMENT CLAIM (COUNT I) IS DISMISSED; PLAINTIFFS EIGHTH AMENDMENT CLAIM (COUNT II) IS DISMISSED WITHOUT PREJUDICE; PLAINTIFFS ARE GRANTED LEAVE TO FILE AN AMENDED COMPLAINT ON OR BEFORE JULY 27, 2015. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/13/15. 7/13/15 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT SHOFFNER, et al.
Plaintiffs

CIVIL ACTION
NO. 15-00392

v.
MICHAEL WENEROWICZ, et al.
Defendants
ORDER

AND NOW, this 13th day of July, 2015, upon consideration of Defendants’ Motion to
Dismiss (Doc. No. 5) and Plaintiffs’ response in opposition (Doc. No. 7), it is ORDERED that
the Motion is GRANTED:
1. Plaintiffs’ putative class action claims are DISMISSED for lack of subject matter
jurisdiction;
2. Plaintiffs’ Fourth Amendment claim (Count I) is DISMISSED;
3. Plaintiffs’ Eighth Amendment claim (Count II) is DISMISSED WITHOUT
PREJUDICE;
4. Plaintiffs are granted leave to file an amended complaint on or before July 27, 2015.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.