DAHN v. HART et al

Filing 30

MEMORANDUM AND ORDER THAT MOTION TO DISMISS FILED BY SARAH A. HART (DOC. 20) IS GRANTED. THE 42 U.S.C. 1983 CLAIMS ASSERTED AGAINST SARAH A. HART IN THE FIRST AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE, AND THE STATE LAW CLAIMS ASSERTED AGAINST S ARAH A. HART ARE DISMISSED WITHOUT PREJUDICE TO PLAINTIFF REASSERTING THEM IN STATE COURT. PLAINTIFFS REQUEST TO WITHDRAW HIS CLAIMS AGAINST JEFFERY AND LAURA HART IS GRANTED AND THOSE CLAIMS ARE HEREBY WITHDRAWN. THE MOTION TO DISMISS FILED BY JEFFR EY AND LAURA HART (DOC. 21) IS DISMISSED AS MOOT. THE MOTION TO DISMISS FILED BY DETECTIVE JUSTIN MONTGOMERY (DOC. 23) IS GRANTED. THE 1983 CLAIMS ASSERTED AGAINST DETECTIVE MONTGOMERY ARE DISMISSED WITHOUT PREJUDICE AND PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT THAT CURES THE DEFICIENCIES IN HIS CLAIMS AGAINST DETECTIVE JUSTIN MONTGOMERY NO LATER THAN 4/19/18. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/19/18. 3/19/18 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ABEL DAHN
v.
SARAH A. HART, ET AL.

:
:
:
:
:

CIVIL ACTION

NO. 17-3591

ORDER
AND NOW, this 19th day of March, 2018, upon consideration of the Motions to Dismiss
filed by Sarah A. Hart (Docket No. 20), Jeffery and Laura Hart (Docket No. 21), and Detective
Justin Montgomery (Docket No. 23), and all documents filed in connection therewith, and in
accordance with the accompanying Memorandum, IT IS HEREBY ORDERED as follows:
1.

The Motion to Dismiss filed by Sarah A. Hart (Docket No. 20) is GRANTED.

The 42 U.S.C. § 1983 claims asserted against Sarah A. Hart in the First Amended Complaint are
DISMISSED WITH PREJUDICE, and the state law claims asserted against Sarah A. Hart are
DISMISSED WITHOUT PREJUDICE to Plaintiff reasserting them in state court.
2.

Plaintiff’s request to withdraw his claims against Jeffrey and Laura Hart is

GRANTED and those claims are hereby WITHDRAWN. The Motion to Dismiss filed by
Jeffery and Laura Hart (Docket No. 21) is, accordingly, DISMISSED as moot.
3.

The Motion to Dismiss filed by Detective Justin Montgomery (Docket No. 23) is

GRANTED. The § 1983 claims asserted against Detective Montgomery are DISMISSED
WITHOUT PREJUDICE and Plaintiff may file a second amended complaint that cures the
deficiencies in his claims against Detective Justin Montgomery no later than April 19, 2018.
BY THE COURT:
/s/ John R. Padova
____________________________
John R. Padova, J.