LYSZKOWSKI v. GIBBONS et al

Filing 20

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS TO DISMISS THE AMENDED COMPLAINT [ECF DOC. NOS. 5,14] ARE GRANTED WITHOUT PREJUDICE FOR THE PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT, IF HE CAN IN GOOD FAITH, PLEAD FACTS: OVERCOMING THE IMMUNITY DEFENSES; AND, IF SO, CURING POTENTIAL DEFICIENCIES RAISED IN DEFENDANTS' SUBSTANTIVE ARGUMENTS. PLAINTIFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT NO LATER THAN 2/22/16. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/2/16. 2/2/16 ENTERED & E-MAILED. COPY MAILED TO LYSZKOWSKI.(fdc)

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

BRIAN JOSEPH LYSZKOWSKI

v.
DIANE E. GIBBONS, LISA ANNE
SILVESTRI, and KAREN REID
BRAMBLETT

N0.15-2210

ORDER
AND NOW, this 2nd day of February 2016, upon consideration of Defendants Judge

Gibbons', Prothonotary Bramblett's and Officer Silvestri's Motions to Dismiss Plaintiff's
Amended Complaint (ECF Doc. Nos. 5, 14), Plaintiff's Oppositions (ECF Doc. Nos. 13, 15),
finding the plead claims are barred by immunity as these public servants acted in a discretionary
capacity in their jurisdiction, and for the reasons in the accompanying Memorandum, it is
ORDERED Defendants' Motions to Dismiss the Amended Complaint (ECF Doc. Nos. 5, 14)

are GRANTED without prejudice for the Plaintiff to file a Second Amended Complaint, if
he can in good faith, plead facts: overcoming the immunity defenses; and, if so, curing potential
deficiencies raised in Defendants' substantive arguments.
Plaintiff is granted leave to file a Second Amended Complaint no later than February
22, 2016.