BINES v. WILLIAMS et al

Filing 29

ORDER THAT PART OF DEFENDANT JEWELL WILLIAMS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT SEEKING TO STRIKE PLAINTIFFS DEMAND FOR PUNITIVE DAMAGES IN COUNTS 4, 5, AND 6 OF THE AMENDED COMPLAINT IS GRANTED BY AGREEMENT OF THE PARTIES AND PLAINTIFFS DEMAND FOR PUNITIVE DAMAGES IN COUNTS 4, 5, AND 6 OF THE AMENDED COMPLAINT IS STRICKEN; DEFENDANT JEWELL WILLIAMS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT IS DENIED IN ALL OTHER RESPECTS; THAT PART OF THE MOTION OF DEFENDANT PARIS WASHINGTON T O DISMISS THE AMENDED COMPLAINT SEEKING DISMISSAL OF COUNT 1 OF THE AMENDED COMPLAINT IS GRANTED AND THAT CLAIM IS DISMISSED WITHOUT PREJUDICE WITH RESPECT TO WASHINGTON; AND, THAT PART OF MOTION OF DEFENDANT PARIS WASHINGTON TO DISMISS THE AMENDED COMPLAINT SEEKING TO STRIKE PLAINTIFFS DEMAND FOR PUNITIVE DAMAGES IN COUNTS 4, 5, AND 6 OF THE AMENDED COMPLAINT IS GRANTED BY AGREEMENT OF THE PARTIES AND PLAINTIFFS DEMAND FOR PUNITIVE DAMAGES IN COUNTS 4, 5, AND 6 OF THE AMENDED COMPLAINT IS STRI CKEN; AND, THE MOTION OF DEFENDANT PARIS WASHINGTON TO DISMISS THE AMENDED COMPLAINT OF PLAINTIFF VANESSA BINES IS DENIED IN ALL OTHER RESPECTS. IT IS FURTHER ORDERED THAT PLAINTIFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT WITH RESPECT TO THE CLAIMS IN COUNT 1 OF THE AMENDED COMPLAINT IN ACCORDANCE WITH PARAGRAPH (3) ABOVE, IF WARRANTED BY THE FACTS AND APPLICABLE LAW, WITHIN TWENTY (20) DAYS. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/24/18. 8/27/18 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VANESSA BINES,

CIVIL ACTION
Plaintiff,

v.
SHERRIFF JEWELL WILLIAMS,
STAFF INSPECTOR SHERRIFF PARIS
WASHINGTON, and
CITY OF PHILADELPHIA,
Defendants.

NO. 17-4527

ORDER
AND NOW, this 24th day of August, 2018, upon consideration of Defendant Jewell
Williams Motion to Dismiss Plaintiff’s Amended Complaint (Document No. 18, filed March 12,
2018), Motion of Defendant Paris Washington to Dismiss the Amended Complaint of Plaintiff
Vanessa Bines (Document No. 20, filed March 12, 2018), Defendant City of Philadelphia’
Joinder in the Motions of Co-Defendants Williams and Washington to Dismiss Plaintiff’s First
Amended Complaint (Document No. 21, filed March 13, 2018), Plaintiff Vanessa Bines’s
Oppoition [sic] to Defendant Sheriff Jewell Willaims’ [sic] Motion to Dismiss Plaintiff’s
Amended Complaint (Document No. 22, filed April 9, 2018), Plaintiff Vanessa Bine’s [sic]
Opposition to Defendant Paris Washington’s Motion to Dismiss Plaintiff’s Amended Complaint
(Document No. 23, filed April 9, 2018), Reply Memorandum in Support of the Motion of
Defendant Paris Washington to Dismiss the Amended Complaint of Plaintiff Vanessa Bines
(Document No. 24, filed April 19, 2018), and Defendant Jewell Williams’ Reply in Further
Support of His Motion to Dismiss Plaintiff’s Amended Complaint (Document No. 25, filed April
19, 2018), for the reasons stated in the accompanying Memorandum dated August 24, 2018, IT
IS ORDERED as follows:

1.

That part of Defendant Jewell Williams Motion to Dismiss Plaintiff’s Amended

Complaint seeking to strike plaintiff’s demand for punitive damages in Counts 4, 5, and 6 of the
Amended Complaint is GRANTED by agreement of the parties and plaintiff’s demand for
punitive damages in Counts 4, 5, and 6 of the Amended Complaint is STRICKEN;
2.

Defendant Jewell Williams Motion to Dismiss Plaintiff’s Amended Complaint is

DENIED in all other respects;
3.

That part of the Motion of Defendant Paris Washington to Dismiss the Amended

Complaint seeking dismissal of Count 1 of the Amended Complaint is GRANTED and that
claim is DISMISSED WITHOUT PREJUDICE with respect to Washington; and,
4.

That part of Motion of Defendant Paris Washington to Dismiss the Amended

Complaint seeking to strike plaintiff’s demand for punitive damages in Counts 4, 5, and 6 of the
Amended Complaint is GRANTED by agreement of the parties and plaintiff’s demand for
punitive damages in Counts 4, 5, and 6 of the Amended Complaint is STRICKEN; and,
5.

The Motion of Defendant Paris Washington to Dismiss the Amended Complaint

of Plaintiff Vanessa Bines is DENIED in all other respects.
IT IS FURTHER ORDERED that plaintiff is granted leave to file a second amended
complaint with respect to the claims in Count 1 of the Amended Complaint in accordance with
paragraph (3) above, if warranted by the facts and applicable law, within twenty (20) days.
IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled
in due course.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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