WALKER v. HENSLEY et al

Filing 43

ORDER THAT DEFTS' MOTION FOR LEAVE TO FILE A REPLY IS DENIED. DEFT'S PROPOSED REPLY BRIEF, ATTACHED AS EXHIBIT A TO THE MOTION IN ANTICIPATION OF THE MOTION BEING GRANTED, IS HEREBY STRICKEN FROM THE RECORD. ALL CLAIMS AGAINST DEFT MICHAEL HOWER ARE DISMISSED BY AGREEMENT OF THE PARTIES. THE CLERK IS INSTRUCTED TO STRIKE HIS NAME FROM THE CAPTION. PLFF'S CLAIMS AGIANST THE JOHN DOE DEFTS ARE DISMISSED. THE CLERK IS INSTRUCTED TO STRIKE ALL JOHN DOE DEFTS FROM THE CAPTION. IN ALL O THER RESPECTS, PLFF'S MOTION TO AMEND/CORRECT THE AMENDED COMPLAINT & FOR LEAVE TO SERVE PROCESS BEYOND 120 DAYS IS DENIED. DEFTS' MOTION TO DISMISS IN PART PLFF'S AMENDED COMPLAINT & CAHILL'S MOTION TO DISMISS ARE GRANTED IN PART & DENEID IN PART. DEFTS CATHERINE MCVEY, AMY CLEWELL & LAWRENCE MURRAY ARE DISMISSED. THE CLERK IS INSTRUCTED TO STRIKE THEIR NAMES FROM THE CAPTION, ETC. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 12/23/09. 12/24/09 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RONALD P. WALKER, Plaintiff, v. CHARLES HENSLEY, et al., Defendants. : : : : : : : : ORDER AND NOW, this 23rd day of December, 2009, upon consideration of the Motion to Dismiss in Part Plaintiff's Amended Complaint (paper no. 23), Defendants' Motion for Leave to File a Reply (paper no. 28); Plaintiff's Motion to Amend/Correct the Amended Complaint and for Leave to Serve Process Beyond 120 Days (paper no. 30), Defendant Cahill's Motion to Dismiss the Amended Complaint (paper no. 33), and all responses thereto; and after a hearing at which counsel for all parties were heard, it is ORDERED that: 1. Defendants' Motion for Leave to File a Reply (paper no. 28) is DENIED. Defendant's proposed reply brief, attached as Exhibit A to the motion in anticipation of the motion being granted, is hereby STRICKEN from the record. All claims against Defendant Michael Hower are DISMISSED by agreement of the parties. The Clerk is instructed to strike his name from the caption. Plaintiff's claims against the John Doe defendants are DISMISSED. The Clerk is instructed to strike all John Doe defendants from the caption. In all other respects, Plaintiff's Motion to Amend/Correct the Amended Complaint and for Leave to Serve Process Beyond 120 Days (paper no. 30) is DENIED. Defendants' Motion to Dismiss in Part Plaintiff's Amended Complaint (paper no. 23) and Cahill's Motion to Dismiss (paper no. 33) are GRANTED in part and DENIED in part. (a) Count I of Plaintiff's Amended Complaint (paper no. 20) is DISMISSED as barred by the two-year statute of limitations.

CIVIL ACTION

No. 08-0685

2.

3. 4.

5.

(b)

Defendants Catherine McVey, Amy Clewell and Lawrence Murray are DISMISSED. The Clerk is instructed to strike their names from the caption. The motions are DENIED in all other respects.

(c) 6.

The following counts remain: (a) (b) (c) (d) (e) (f) (g) Count II, retaliation, against Williams, Cahill and Danisavich; Count III, retaliation, against DiGuglielmo, Hensley and Pasquale; Count IV, retaliation, against Jacobson, Robertson and Gourley; Count V, conspiracy, against Jacobson, Robertson and Gourley; Count VI, unlawful seizure, against Jacobson, Robertson and Gourley; Count VII, deliberate indifference, against Williams, Cahill and Danisavich; and Count VIII, conspiracy, against Williams, Cahill and Danisavich.

/s/ Norma L. Shapiro J.

2