MIRARCHI et al v THE PENNSYLVANIA STATE POLICE et al

Filing 12

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. THE PENNSYLVNIA STATE POLICE AND BRUCE WILLIAMS, NAMED AS DEFENDANTS IN COUNT II, ARE DISMISSED AS DEFENDANTS WITH PREJUDICE AND REMOVED FROM THE CAPTION.IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE SHALL BE SCHEDULED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/10/18. 8/14/18 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOMINICO MIRARCHI and
EMELIA MIRARCHI,
Plaintiffs,

CIVIL ACTION

v.
NO. 18-286
THE PENNSYLVANIA STATE POLICE,
MICHAEL PERILLO, Pennsylvania State
Police Trooper, and
BRUCE WILLIAMS, Pennsylvania State
Police Troop K Barracks Commander,
Defendants.
ORDER
AND NOW, this 10th day of August, 2018, upon consideration of Defendants’ Motion
to Dismiss (Document No. 6, filed April 9, 2018) and Plaintiffs’ Response in Opposition to
Defendants’ Motion to Dismiss (Document No. 9, filed May 7, 2018), IT IS ORDERED that
Defendants’ Motion is GRANTED IN PART and DENIED IN PART, as follows:
1) That part of the Motion which seeks to dismiss Count II of the Complaint is
GRANTED and Count II is DISMISSED WITH PREJUDICE. The Pennsylvania State Police
and Bruce Williams, named as defendants in Count II, are DISMISSED as defendants WITH
PREJUDICE and REMOVED from the caption;
2) The Motion is DENIED in all other respects.
IT IS FURTHER ORDERED that a preliminary pretrial conference shall be scheduled
in due course.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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