PERANO v. TOWNSHIP OF TILDEN et al

Filing 42

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS 28 AND 29 , RESPONSES OF PLAINTIFF 30 AND 31 , DEFENDANTS' REPLIES 34 AND 35 , PARTIES' ORAL ARGUMENTS AT THE 3/12/2010 HEARING, AND DEFENDANTS' SUPPLEMENTAL EXHIBITS 40 ; AND AFTER A COMPLETE AND INDEPENDENT REVIEW OF THE AMENDED COMPLAINT 27 , IT IS ORDERED THAT THE MOTIONS TO DISMISS 28 AND 29 , ARE GRANTED. IT IS FURTHER ORDERED THAT THE ABOVE CAPTIONED ACTION IS DISMISSED WITH PREJUDICE AND WITHOUT LEAVE TO FILE A SECOND AMENDED COMPLAINT. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 4/12/10. 4/13/10 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

FRANK T. PERANO, Plaintiff, v. TOWNSHIP OF TILDEN, et al., Defendants.

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CIVIL ACTION NO. 09-00754

ORDER AND NOW this 12th day of April, 2010, upon consideration of Defendants' Motions to Dismiss (Docket Nos. 28 and 29), the responses of Plaintiff (Docket Nos. 30 and 31), Defendants' replies (Docket Nos. 34 and 35), the parties' oral arguments at the March 12, 2010 hearing, and Defendants' Supplemental Exhibits (Doc. No. 40); and after a complete and independent review of the Amended Complaint (Doc. No. 27), it is ORDERED that the Motions to Dismiss (Doc. Nos. 28 and 29) are GRANTED. IT IS FURTHER ORDERED that the above-captioned action is DISMISSED with prejudice and without leave to file a Second Amended Complaint. The Clerk of Court shall close this case. BY THE COURT:

/s/ Joel H. Slomsky JOEL H. SLOMSKY, J.