TOMINO v. CITY OF BETHLEHEM et al

Filing 44

OPINION/ORDER THAT DEFENDANTS CITY OF BETHLEHEM AND JOHN R. LEZOCHES'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT CITY OF BETHLEHEM AND AGAINST PLAINTIFF WILLIAM TOMINO; AND THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/7/12. 2/8/12 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLIAM TOMINO, Individually
and trading as Tomino’s Deli,
Plaintiff
vs.
CITY OF BETHLEHEM;
JOHN R. LEZOCHE, Individually
and as Zoning Officer for the
City of Bethlehem,
Defendants

)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action
No. 08-cv-06018

O R D E R
NOW, this 7th day of February, 2012, upon consideration
of the following documents:
(1)

Defendants City of Bethlehem and John R. Lezoche’s
Motion for Summary Judgment filed October 21, 2011
(Document 36), together with,
Defendants City of Bethlehem and John R.
Lezoche’s Memorandum of Law in Support of
Their Motion for Summary Judgment (Document
36-2);
Defendants City of Bethlehem and John R.
Lezoche’s Undisputed Statement of Facts
(Document 36-3);

(2)

Plaintiff’s Answer to Motion of Defendants for
Summary Judgment, which answer was filed
November 23, 2011 (Document 37), together with,
Memorandum of Law (Document 37); and

(3)

Defendants’ Reply Brief in Support of its Motion
for Summary Judgment, which reply brief was filed
November 28, 2011 (Document 38-3);

and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that Defendants City of Bethlehem and
John R. Lezoche’s Motion for Summary Judgment is granted.
IT IS FURTHER ORDERED that judgment is entered in favor
of defendant City of Bethlehem and against plaintiff William
Tomino, Individually and trading as Tomino’s Deli.
IT IS FURTHER ORDERED that the Amended Complaint of
plaintiff William Tomino, Individually and trading as Tomino’s
Deli, against defendant John R. Lezoche, Individually and as
Zoning Officer for the City of Bethlehem, is dismissed with
prejudice.
IT IS FURTHER ORDERED that defendant John R. Lezoche’s
claim of qualified immunity is dismissed as moot.
IT IS FURTHER ORDERED that plaintiff’s claim for
punitive damages is dismissed as moot.
IT IS FURTHER ORDERED that the Clerk of Court shall
mark this case closed for statistical purposes.

BY THE COURT:

/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

-ii-