CARTER v. SUSQUEHANNA REGIONAL POLICE DEPARTMENT et al

Filing 23

ORDERED THAT THE DEFENDANTS' MOTION TO DISMISS (DOCKET NO. 12) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: (1) COUNT III OF PLAINTIFF'S AMENDED COMPLAINT IS DIMISSED WITHOUT PREJUDICE. PLAINTIFF SHALL FILE A SECOND AMENDED COMPLAINT WITHIN 10 DAYS OF THE ENTRY OF THIS ORDER. COUNT I AND II OF PLAINTIFF'S AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE AS TO PLAINTIFF'S CLAIM FOR PUNITIVE DAMAGES ONLY. DEFENDANTS' MOTION TO DISMISS IS DENIED AS TO THE REMAINDER OF COUNTS I AND II. SIGNED BY HONORABLE GENE E.K. PRATTER ON 04/30/2009. 05/01/2009 ENTERED AND COPIES E-MAILED.(rab)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DIANE CARTER, : Plaintiff : : v. : : SUSQUEHANNA REGIONAL POLICE : DEPARTMENT, et al., : Defendants : CIVIL ACTION

NO. 08-4764

ORDER AND NOW, this 30th day of April, 2009, upon consideration of Defendants' Motion to Dismiss (Docket No. 12), Plaintiff's response (Docket No. 16), and Defendants' reply (Docket No. 20) and following oral argument on April 17, 2009, IT IS ORDERED that the Defendants' Motion (Docket No. 12) is GRANTED in part and DENIED in part as follows: 1. Count III of Plaintiff's Amended Complaint is DISMISSED without prejudice. Plaintiff shall file a second amended complaint within 10 days of the entry of this Order. 2. Count I and II of Plaintiff's Amended Complaint are DISMISSED with prejudice as to Plaintiff's claim for punitive damages only. Defendants' Motion to Dismiss is DENIED as to the remainder of Counts I and II. BY THE COURT:

S/Gene E.K. Pratter GENE E.K. PRATTER United States District Judge