SNYDER et al v. KRAUS et al
ORDER THAT PLAINTIFFS MAY FILE A SECOND AMENDED COMPLAINT NO LATER THAN 3/22/10. THE MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FILED BY DEFENDANTS STEVE SPEERS, CHARLES TUPPER, AND NANCY GARBER IS GRANTED IN PART AND DENIED IN PART, WITHOUT PREJ UDICE TO REASSERTION AFTER 3/22/10. THE MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FILED BY CHARLES KRAUS, III, KENNETH HENRY AND RANDALL AUMENT IS DENIED WITHOUT PREJUDICE TO REASSERTION AFTER 3/22/10; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/2/10. 3/3/10 ENTERED AND E-MAILED.(jl, )
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROGER SNYDER and EARL KEAN v. CHARLES M. KRAUS, III et al. : : : : : ORDER AND NOW, this 2nd day of March, 2010, it is ORDERED Plaintiffs may file a second amended complaint no later than March 22, 2010.1 It is further ORDERED the Motion to Dismiss Plaintiffs' Amended Complaint, filed by Defendants Steve Speers, Charles Tupper, and Nancy Garber (collectively, Supervisor Defendants) (Doc. 19), is GRANTED in part, and DENIED in part, without prejudice to reassertion after March 22, 2010.2 It is further ORDERED the Motion to Dismiss Plaintiffs' Amended Complaint, filed by Charles M. Kraus, III, Kenneth M. Henry, and Randall J. Aument (Doc. 13), is DENIED without prejudice to reassertion after March 22, 2010. BY THE COURT: /s/ Juan R. Sánchez Juan R. Sánchez, J. CIVIL ACTION No. 08-5217
See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002) ("When a plaintiff does not seek leave to amend a deficient complaint after a defendant moves to dismiss it, the court must inform the plaintiff that he has leave to amend within a set period of time, unless amendment would be inequitable or futile."). Plaintiffs are directed to make factual allegations in conformity with the pleading standards elucidated in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007).
Supervisor Defendants' Motion is granted as to Snyder's First Amendment claims predicated on his removal from various municipal positions. The remainder of Supervisor Defendants' Motion is denied without prejudice.
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