CRUZ-SMITH v. SINCLAIR et al

Filing 16

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. IT IS FURTHER ORDERED THAT PLAINTIFF MAY FILE AN AMENDED COMPLAINT NO LATER THAN 9/19/2011. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/18/2011. 8/19/2011 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VANESSA CRUZ-SMITH
v.
MICHAEL SINCLAIR, et al.

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CIVIL ACTION
No. 10-3609

ORDER
AND NOW, this 18th day of August, 2011, it is ORDERED Defendants’ Motion to Dismiss
(Document 10) is GRANTED in part and DENIED in part. The motion is granted insofar as (1)
Plaintiff Vanessa Cruz-Smith’s First Amendment retaliation claim pursuant to 42 U.S.C. § 1983 is
DISMISSED without prejudice against all Defendants; (2) Cruz-Smith’s § 1983 equal protection
claims against Thomas Trachta, Frederick Lahovski, and the Borough of Nazareth are DISMISSED
without prejudice; and (3) Cruz-Smith’s demand for punitive damages under the Pennsylvania
Human Relations Act is STRICKEN. The motion is otherwise denied.
It is further ORDERED Plaintiff may file an amended complaint no later than September
19, 2011.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.