DENITHORNE v. INGEMIE et al

Filing 26

MEMORANDUM AND ORDER THAT, UPON CONSIDERATION OF DEFENDANT WIGGINTON'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT [#15], IT IS HEREBY ORDERED THAT COUNT II AND COUNT V OF THE PLAINTIFF'S COMPLAINT AGAINST DEFENDANT WIGGINTON ARE DISMISSED WITH PREJUDICE; DEFENDANT WIGGINTON'S MOTION IS GRANTED WITHOUT PREJUDICE WITH REGARDS TO PLAINTIFF'S CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AS CONTAINED IN COUNT IV OF HIS COMPLAINT; DEFENDANT WIGGINTON'S MOTION IS GR ANTED WITH PREJUDICE WITH REGARDS TO PLAINTIFF'S CLAIM FOR DEFAMATION AS CONTAINED IN COUNT IV OF HIS COMPLAINT; AND DEFENDANT WIGGINTON'S MOTION IS DENIED WITH REGARDS TO PLAINTIFF'S CLAIMS FOR ASSAULT AND BATTERY AND MALICIOUS PROSECUTION AS CONTAINED IN COUNT IV OF HIS COMPLAINT. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/24/16. 2/24/16 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GERALD DENITHORNE, JR.
Plaintiff,
v.
JEFFREY INGEMIE, et al.,
Defendants.

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CIVIL ACTION

NO. 15-5220

ORDER
AND NOW, this 24th day of February, 2016, upon consideration of Defendant
Wigginton’s Motion to Dismiss Plaintiff’s Complaint (Doc. No. 15) and any response
thereto, it is hereby ORDERED that:
1. Count II and Count V of the Plaintiff’s Complaint against Defendant Wigginton
are DISMISSED with PREJUDICE;
2. Defendant Wigginton’s Motion is GRANTED without prejudice with regards to
Plaintiff’s claim for intentional infliction of emotional distress as contained in
Count IV of his Complaint;
3. Defendant Wigginton’s Motion is GRANTED with prejudice with regards to
Plaintiff’s claim for defamation as contained in Count IV of his Complaint; and
4. Defendant Wigginton’s Motion is DENIED with regards to Plaintiff’s claims for
assault and battery and malicious prosecution as contained in Count IV of his
Complaint.
BY THE COURT:

s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.