KUHNS et al v. CITY OF ALLENTOWN et al

Filing 47

ORDER AND OPINION THAT THAT THE MOTION TO DISMISS OF DEFENDANTS ALLENTOWN WOMEN'S CENTER AND JENNIFER BOULANGER IS GRANTED IN PART AND DENIED IN PART.IT IS FURTHER ORDERED THAT COUNT II AND COUNT III OF PLAINTIFFS' COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES ARE DISMISSED IN THEIR ENTIRETY. IT IS FURTHER ORDERED THAT IN ALL OTHER RESPECTS THE MOTION TO DISMISS OF DEFENDANTS ALLENTOWN WOMEN'S CENTER AND JENNIFER BOULANGER IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS ALLENTOWN W OMEN'S CENTER, INC. AND JENNIFER BOULANGER SHALL HAVE UNTIL APRIL 24, 2009 TO ANSWER PLAINTIFF'S COMPLAINT. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/31/09. (Attachments: # 1 OPINION) 4/1/09 ENTERED AND COPIES MAILED AND E-MAILED.(er, ) Modified on 4/1/2009 (er, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN KUHNS; JOYCE MAZALEWSKI; and KATHLEEN TEAY, ) ) Civil Action ) No. 08-cv-2606 ) Plaintiffs ) ) vs. ) ) CITY OF ALLENTOWN; ) CHIEF OF POLICE ROGER MacLEAN, ) both individually and in his ) official capacity; ) ALLENTOWN WOMEN'S CENTER, INC.; and ) JENNIFER BOULANGER, ) ) Defendants ) ORDER NOW, this 31st day of March, 2009, upon consideration of the following documents: (1) Motion to Dismiss of Defendants Allentown Women's Center and Jennifer Boulanger filed July 24, 2008; (2) Memorandum of Law in Support of Motion of Defendants Allentown Women's Center and Jennifer Boulanger to Dismiss the Complaint, which memorandum was filed July 24, 2008; (3) Plaintiffs' Brief in Opposition to Fed.R.Civ.P. 12(b)(6) Motion to Dismiss by Defendants Allentown Women's Center and Jennifer Boulanger, which brief was filed August 28, 2008; and

(4)

Complaint for Injunctive Relief and Damages filed by plaintiffs June 4, 2008;

and for the reasons articulated in the accompanying Opinion, IT IS ORDERED that the Motion to Dismiss of Defendants Allentown Women's Center and Jennifer Boulanger is granted in part and denied in part. IT IS FURTHER ORDERED that Count II and Count III of plaintiffs' Complaint for Injunctive Relief and Damages are dismissed in their entirety.1 IT IS FURTHER ORDERED that in all other respects the Motion to Dismiss of Defendants Allentown Women's Center and Jennifer Boulanger is denied. IT IS FURTHER ORDERED that defendants Allentown Women's Center, Inc. and Jennifer Boulanger shall have until April 24, 2009 to answer plaintiff's Complaint.

BY THE COURT: /s/ James Knoll Gardner James Knoll Gardner United States District Judge
1 D e f e n d a n t s City of Allentown and Allentown Chief of Police Roger M a c L e a n did not file motions to dismiss or responses to the motion to dismiss o f co-defendants Allentown Women's Center, Inc. and Jennifer Boulanger. However, district courts may dismiss claims that do not state causes of action s u a sponte. Bintliff-Ritchie v. American Reinsurance Company, 285 Fed.Appx. 940, 943 (3d Cir. 2008); Bryson v. Brand Insulations, Inc., 621 F.2d 556, 559 (3d Cir. 1980). For the reasons articulated in the a c c o m p a n y i n g Opinion, Counts II and III of plaintiffs' Complaint fail to state c l a i m s upon which relief can be granted against any defendant. Accordingly, I d i s m i s s Counts II and III in their entirety.

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