MARCHETTI v. DIRENZIO et al

Filing 77

ORDER THAT DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT WILL BE GRANTED. ALL CLAIMS AGAINST DEFENDANTS RAYMOND, PLEACHER AND DIBRIDGE WILL BE DISMISSED IN THEIR ENTIRETY. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICALLY PURPOSE; ETC.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/11/17. 7/12/17 ENTERED AND E-MAILED.(jl, )(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN MARCETTI,
Plaintiff,
CIVIL ACTION
NO. 15-04676

v.

FILED

MARIO DIRENZIO, et al.,

JUL 11 2017

Defendants.

B -KMAN, Clerk
Y~ Dep. Clerk

ORDER
AND NOW, this 1lth day of July 2017, upon consideration of Defendant Officer
Raymond's Motion for Summary Judgment (Doc. No. 59), Defendant Officer Raymond's
Statement of Undisputed Material Facts (Doc. No. 60), Defendants Pleacher and DeBridges'
Motion for Summary Judgment (Doc. No. 61) and Exhibits (Doc. No. 62), Plaintiff's Response
to the Motions for Summary Judgment (Doc. Nos. 70, 71), Defendants' Reply (Doc. Nos. 72,
75), and in accordance with the Opinion issued this day, it is ORDERED as follows:
1. Counts I and II of the Second Amended Complaint against Delaware County and Count
III of the Second Amended Complaint in its entirety are WITHDRAWN; 1
2. Defendant Officer Raymond's Motion for Summary Judgment (Doc. No. 59) 1s

GRANTED with respect on the remaining Counts against him;
3. Defendants Pleacher and DeBridge's Motion for Summary Judgment (Doc. No. 61) is

GRANTED;

1

Plaintiff withdrew "all claims against Defendant Delaware County," as well as all of his
"claims against Defendant Raymond in his official capacity," and "medical based care claim
(Count I) against Defendant Raymond." (Doc. No. 71 at 12.)

4. Count I of the Second Amended Complaint (Doc. No. 42) alleging failure to provide
medical care and treatment against Defendants Tim Pleacher and Ralph DiBridge is
DISMISSED;

5. Count II of the Second Amended Complaint (Doc. No. 42) alleging cruel and unusual
punishment against Defendants Tim Pleacher and Ralph DiBridge is DISMISSED;
6. The Clerk of Court shall close this case for statistical purposes.
BY THE COURT:

ENTER liJ
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CU~Rl< OF COURT