BLESSING AUTO REPAIR, INC et al v. PENNSYLVANIA STATE POLICE et al

Filing 19

ORDERED THAT:1. DEFENDANTS PENNSYLVANIA STATE POLICE AND ANDREW AVDULLASMOTION TO DISMISS (DOC. NO. 13) IS GRANTED IN PART ANDCOUNTS 1, 2, 3, 5, 6, AND 7 OF PLAINTIFFS AMENDEDCOMPLAINT (DOC. NO. 10) ARE DISMISSED WITH PREJUDICE FORTHE REASONS SET FOR TH IN THE PROCEEDING MEMORANDUM OPINION;2. PLAINTIFFS REQUESTS FOR LEAVE TO AMEND THEIR COMPLAINT TOINCLUDE CLAIMS UNDER PA. CONST. ART. 1, PA. CONST. ART. 1§ 9, PA. CONST. ART. 26, AND THE FOURTEENTH AMENDMENT AREGRANTED FOR THE REASONS SET FORTH IN THE PRECEDINGMEMORANDUM OPINION; AND3. PLAINTIFFS MOTION TO STRIKE (DOC. NO. 16) IS DENIED.. SIGNED BY HONORABLE J. CURTIS JOYNER ON 7/14/2021. 7/14/2021 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BLESSING AUTO REPAIR, INC. and
MARCDER M. GUERRIER,

CIVIL ACTION

Plaintiffs,
NO.

v.

20-6569

PENNYSYLVANIA STATE POLICE,
ANDREW AVDULLA a/k/a ANDI I.
AVDULLA and THE PHILADELPHIA
PARKING AUTHORITY,
Defendants.
O R D E R

AND NOW, this

14th

day of

July

2021, upon

consideration of Plaintiffs’ Amended Complaint (Doc. No. 10),
Defendants Pennsylvania State Police and Andrew Avdulla’s
Motion to Dismiss (Doc. No. 13), Plaintiffs’ Motion to Strike
(Doc. No. 16), and Plaintiffs’ Response in Opposition (Doc. No.
17), it is hereby ORDERED that:
1. Defendants Pennsylvania State Police and Andrew Avdulla’s
Motion to Dismiss (Doc. No. 13) is GRANTED in part and
Counts 1, 2, 3, 5, 6, and 7 of Plaintiffs’ Amended
Complaint (Doc. No. 10) are DISMISSED WITH PREJUDICE for
the reasons set forth in the proceeding Memorandum Opinion;
2. Plaintiffs’ requests for leave to amend their complaint to
include claims under Pa. Const. Art. 1, Pa. Const. Art. 1

§ 9, Pa. Const. Art. 26, and the Fourteenth Amendment are
GRANTED for the reasons set forth in the preceding
Memorandum Opinion; and
3. Plaintiffs’ Motion to Strike (Doc. No. 16) is DENIED.
BY THE COURT:
s/ J. Curtis Joyner
____________________
J. CURTIS JOYNER, J.