ELLIS v. DELAWARE COUNTY et al

Filing 26

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS' ALTERNATIVE MOTION TO STRIKE IS DENIED; ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/26/21. 4/26/21 ENTERED AND E-MAILED.(JL )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PEARL A. ELLIS, Individually and as Administratrix of the Estate of JOSEPH M. ELLIS, v. Plaintiff DELAWARE COUNTY, et al., Defendants : : : : : : : : : : CIVIL ACTION NO. 20-06175 ORDER AND NOW, this 26th day of April, 2021, after considering Defendants’ Motion to Dismiss or to Strike and Plaintiff’s Response thereto, it is hereby ORDERED, for the reasons set forth in the accompanying memorandum, that: 1. Defendants’ Motion to Dismiss (ECF No. 23) is GRANTED in part and DENIED in part, such that Plaintiff may seek to establish liability under a failure-to-train theory but not under an inadequate staffing theory; 2. Defendants’ alternative Motion to Strike (ECF No. 23) is DENIED; and 3. An order setting case management deadlines will issue. AND IT IS SO ORDERED. /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J.

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