ZAHNER v. CITY OF PHILADELPHIA et al

Filing 10

ORDER THAT COUNT I AGAINST DEFENDANT CITY OF PHILADELPHIA IS DISMISSED WITHOUT PREJUDICE; COUNT II IS AGAINST DEFENDANT CLARK IS DISMISSED WITHOUT PREJUDICE; COUNT III AGAINST DEFENDANT PENNSYLVANIA DEPARTMENT OF CORRECTIONS IS DISMISSED WITH PREJUDI CE; COUNT IV AGAINST DEFENDANT SMITH IS DISMISSED WITHOUT PREJUDICE; DEFENDANTS' MOTION TO DISMISS COUNT V AGAINST DEFENDANT LAMPER IN HER INDIVIDUAL CAPACITY IS DENIED; COUNT VI AGAINST DEFENDANT LAMPER IS DISMISSED WITH PREJUDICE ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/30/16. 7/1/16 ENTERED AND COPIES EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EMMA ZAHNER
CIVIL ACTION
v.
NO. 16-2635
CITY OF PHILADELPHIA, et al.
ORDER
AND NOW, this 30th day of June, 2016, upon consideration of Defendants’ Motions to
Dismiss Plaintiff’s Complaint (ECF 3, 4) and all responses and submissions related thereto, and
for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that:
1. Count I against Defendant City of Philadelphia is DISMISSED WITHOUT
PREJUDICE;
2. Count II is against Defendant Clark is DISMISSED WITHOUT PREJUDICE;
3. Count III against Defendant Pennsylvania Department of Corrections is DISMISSED
WITH PREJUDICE, as is any claim against Defendants Smith and Lamper to the extent
it is asserted against them in their official capacities;
4. Count IV against Defendant Smith is DISMISSED WITHOUT PREJUDICE;
5. Defendants’ Motion to Dismiss Count V against Defendant Lamper (incorrectly captioned
as “Defendant Lambert”) in her individual capacity is DENIED;
6. Count VI against Defendant Lamper is DISMISSED WITH PREJUDICE;
7. Plaintiff may, if she chooses, file a Second Amended Complaint within fourteen (14) days
of this Order seeking to cure the factual deficiencies in the Amended Complaint as outlined
in the Court’s Memorandum. If she does not, all dismissals outlined above shall be with
prejudice.

BY THE COURT:
/s/ Michael M. Baylson
MICHAEL M. BAYLSON, U.S.D.J.
O:\CIVIL 16\16-2635 Zahner v. City of Philadelphia\16cv2635 MTD order.docx

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