GODFREY et al v. UPLAND BOROUGH et al

Filing 53

ORDER THAT THE UPLAND DEFENDANTS MOTION TO DISMISS AND MOTION FOR A MORE DEFINITE STATEMENT IS GRANTED IN PART AND DENIED IN PART. CATANIA'S MOTION TO STRIKE IS DISMISSED AS MOOT. DELCORA'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED I N PART. PLAINTIFF'S MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT IS DISMISSED. PLAINTIFF'S MOTION TO MOTION TO AMEND CLEAN WATER ACT PORTION OF REPLY IS DISMISSED AS MOOT;ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/29/17. 3/31/17 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
DENISE M. MARUSCO GODFREY
:
AND BYRON J. GODFREY,
:
Plaintiffs,
:
:
v.
:
CIVIL ACTION NO. 15-6477
:
UPLAND BOROUGH, et al.,
:
Defendants.
:

ORDER
AND NOW, this 29th day of March 2017, upon consideration of the pending motions
and responses, and for the reasons explained in the accompanying memorandum opinion, it is
hereby ORDERED as follows:
1. The Upland Defendants’ Motion to Dismiss and Motion for a More Definite Statement
(Doc. No. 37) is GRANTED IN PART AND DENIED IN PART. Plaintiffs’ fraud claim is
DISMISSED WITHOUT PREJUDICE against Parker Ferguson, Edward Mitchell, and
Leyland Hunter, and the fraud claim against Robert O’Connor is DISMISSED pursuant to the
parties’ agreement.
2. Catania’s Motion to Strike (Doc. No. 38) is DISMISSED AS MOOT.
3. DELCORA’s Motion to Dismiss (Doc. No. 41) is GRANTED IN PART AND
DENIED IN PART. Plaintiff’s Clean Water Act claim is DISMISSED WITH PREJUDICE.
4. Plaintiff’s Motion for Leave to File a Third Amended Complaint (Doc. No. 44) is
DISMISSED.
5. Plaintiffs shall file a Third Amended Complaint no later than 14 days from the date of
this Order that complies with the Court’s memorandum opinion. Defendants shall answer or
otherwise respond to the Third Amended Complaint no later than 21 days from the date of its

filing. In the event that any Defendants move to dismiss the Third Amended Complaint,
Plaintiffs shall file one brief, not to exceed thirty double-spaced pages, in response to all such
motions to dismiss no later than 14 days after the last motion to dismiss is filed.
6. Plaintiffs’ request that Defendants be barred from moving to dismiss or to strike any
portion of the Third Amended Complaint (Doc. No. 44) is DENIED.
7. Plaintiffs’ Motion to Motion to Amend Clean Water Act Portion of Reply (Doc. No. 51)
is DISMISSED AS MOOT.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.

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