ERDREICH v. CITY OF PHILADELPHIA et al

Filing 42

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION TO AMEND/CORRECT (THE SECOND) AMENDED COMPLAINT OR FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT ("TAC") 32 IS GRANTED. DEFENDANT OFFICER JOHN JUDGE, JR'S MOTION FOR JUDGMENT ON THE PLE ADINGS 24 IS DENIED. PLAINTIFF WILL BE REQUIRED TO FILE THIS NEW COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF EITHER PARTY NEEDS ADDITIONAL TIME TO ENGAGE IN FACT DISCOVERY, THEY SHOULD FILE SUCH A REQUEST ON THE RECORD AND IT WILL BE GRANTED. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 4/16/20. 4/16/20 ENTERED & E-MAILED.(fdc)

Case 2:18-cv-02290-JHS Document 42 Filed 04/16/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICHARD ERDREICH,
Plaintiff,

CIVIL ACTION
NO. 18-2290

v.
CITY OF PHILADELPHIA, et al.,
Defendants.

ORDER
AND NOW, this 16th day of April, 2020, upon consideration of Plaintiff Richard Erdreich’s
(“Plaintiff”) Motion to Amend/Correct [the Second] Amended Complaint or For Leave to File
Third Amended Complaint (“TAC”) (Doc. No. 32), Defendants’ Response in Opposition (Doc.
No. 34), and in accordance with the Opinion of the Court issued on this day, it is ORDERED as
follows:
1. Plaintiff’s Motion to Amend/Correct [the Second] Amended Complaint or For
Leave to File Third Amended Complaint (“TAC”) (Doc. No. 32) is
GRANTED. 1
2. Defendant Officer John Judge Jr.’s Motion for Judgment on the Pleadings (Doc.
No. 24) is DENIED.

1

Plaintiff’s counsel, Thomas R. Hurd, Esquire, stated at the hearing held on January 24, 2020
that Plaintiff would dismiss the related action before this Court, E.D. PA. Civil Action No. 193655, if the Court granted its Plaintiff’s Motion to Amend/Correct [the Second] Amended
Complaint or For Leave to File Third Amended Complaint (“TAC”) (Doc. No. 32). Since the
Motion is being granted and Plaintiff is being afforded the opportunity to file a new TAC, the
second civil action is rendered moot and should be dismissed.

Case 2:18-cv-02290-JHS Document 42 Filed 04/16/20 Page 2 of 2

3. Plaintiff will be required to file this new Complaint within thirty (30) days of
the date of the Order.
4. If either party needs additional time to engage in fact discovery, they should file
such a request on the record and it will be granted.

BY THE COURT:

/s/Joel H. Slomsky, J.
JOEL H. SLOMSKY, J.