BANKS v. COLWYN BOROUGH et al

Filing 11

ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 7 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFF IS GRANTED LEAVE TO AMEND HIS FIRST AMENDED COMPLAINT BY SUBMITTING A SECOND AMENDED COMPLAINT NO LATER THAN NOON ON 9/18/2015. AS THERE IS NO JUST REASON FOR DELAY OF THE ENTRY OF JUDGMENT, PURSUANT TO F.R.C.P. DEFENDANTS WENDELL F. REED AND TONETTE PRAY ARE DISMISSED FROM THIS CASE AND THE CLERK OF COURT SHALL MARK THESE DEFENDANTS AS TERMINATED. SIGNED BY HONORABLE STEWART DALZELL ON 9/10/2015. 9/10/2015 ENTERED AND COPIES E-MAILED.(sg, )

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

KEVIN E. BANKS, SR.
v.
COLWYN BOROUGH, ET AL.

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CIVIL ACTION

NO. 15-1099

ORDER
AND NOW, this 10th day of September, 2015, upon consideration of defendants
Colwyn Borough, Wendell F. Reed, and Tonette Pray’s motion to dismiss (docket entry #7) and
the Memorandum issued this day , and plaintiff Kevin E. Banks’s response in opposition thereto,
and for the reasons stated in the Memorandum, it is hereby ORDERED that:
1.

Defendants’ motion to dismiss is GRANTED IN PART AND DENIED IN

2.

Defendants’ motion to dismiss is GRANTED as to plaintiff’s ADA and

PART;

Section 1981 claims against defendant Colwyn Borough;
3.

Plaintiff’s ADA and Section 1981 claims against defendant Colwyn

Borough are DISMISSED WITH PREJUDICE;
4.

Defendants’ motion to dismiss is GRANTED as to plaintiff’s PHRA

claims against defendants Wendell F. Reed and Tonette Pray;
5.

Plaintiff’s PHRA claims against defendants Wendell F. Reed and Tonette

Pray in both their official and individual capacities are DISMISSED WITH PREJUDICE;
6.
punitive damages;

Defendants’ motion to dismiss is GRANTED as to plaintiff’s claim for

7.

Plaintiff’s claim for punitive damages is DISMISSED WITH

8.

Defendants’ motion to dismiss is DENIED as to plaintiff’s Title VII

PREJUDICE;

claims against defendant Colwyn Borough;
9.

Plaintiff is GRANTED LEAVE to amend his first amended complaint by

submitting a second amendment complaint no later than noon on September 18, 2015;
10.

Defendant Colwyn Borough shall ANSWER or appropriately RESPOND

to plaintiff’s second amended complaint no later than fourteen days after being served with the
second amended complaint; and
11.

As there is no just reason for delay of the entry of judgment, pursuant to

Fed. R. Civ. P. 54(b), defendants Wendell F. Reed and Tonette Pray are DISMISSED from this
case and the Clerk of Court shall MARK these defendants as TERMINATED.

BY THE COURT:

_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.

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