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 )
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
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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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