CUCCHI v. KAGEL et al

Filing 19

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART.THE FIRST AMENDMENT CLAIMS AGAINST ALL DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT ON OR BEFORE 3/16/18; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/2/18. 3/2/18 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID P. CUCCHI,
Plaintiff,

CIVIL ACTION
NO. 17-01597

v.
ROBERT J. KAGEL, et al.
Defendants.
ORDER

AND NOW, this 2nd day of March, 2018, upon consideration of Defendants’
Motion for Dismiss, (ECF No. 10), and Plaintiff’s response thereto, (ECF No. 12), it is
hereby ORDERED that:
1. Defendants’ Motion is GRANTED in part and DENIED in part. The First
Amendment claims against all Defendants are DISMISSED without prejudice;
2.

The retaliatory discharge claim in violation of Pennsylvania public policy
against Chester County is DISMISSED with prejudice.

3. Plaintiff may file a second amended complaint on or before March 16, 2018

BY THE COURT:

/s/ Gerald J. Pappert
___________________________
GERALD J. PAPPERT, J.