KINGSMILL v. SZEWCZAK et al

Filing 8

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART. COUNT II OF THE AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE. DEFENDANTS SHALL ANSWER THEAMENDED COMPLAINT BY 8/12/15. SIGNED BY HONORABLE STEWART DALZELL ON 7/30/15. 7/31/15 ENTERED AND COPIES E-MAILED.(mbh, )

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

ERIC KINGSMILL
v.
POLICE OFFICER CHRISTOPHER
SZEWCZAK, and
CITY OF PHILADELPHIA

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CIVIL ACTION

NO. 15-2386

ORDER
AND NOW, this 30th day of July, 2015, upon consideration of plaintiff Eric
Kingsmill’s amended complaint (docket entry #2), defendant Police Officer Christopher
Szewczak and the City of Philadelphia’s motion to dismiss (docket entry #5), and Kingsmill’s
response in opposition thereto, and for the reasons set forth in our Memorandum issued this day
on this case, it is hereby ORDERED that:
1.

Defendants’ motion to dismiss (docket entry #5) is GRANTED IN PART;

2.

Count II of the amended complaint (docket entry #2) is DISMISSED

WITHOUT PREJUDICE; and
3.

Defendants shall ANSWER the amended complaint by noon on August

12, 2015.

BY THE COURT:

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