LEBLANC v. STEDMAN et al

Filing 89

ORDER THAT THE MOTION TO DISMISS PLFF'S COMPLAINT IS GRANTED IN PART AND DENIED IN PART. MOTION TO DISMISS JOHN DOE IS GRANTED; THE COMPLAINT IS DISMISSED AS TO JOHN DOE ONLY; MOTION TO DISMISS ANY CONSPIRACY CAUSE OF ACTION IS GRANTED. THE CONS PIRACY CAUSE OF ACTION IS DISMISSED; PLFF SHALL FILE AMENDED COMPLAINT BY 8/4/11. MOTION TO DISMISS GEORGE PAPPAS IS DENIED AND DEFT PAPPAS SHALL FILE ANSWER TO COMPLAINT BY 8/8/11.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 7/21/11. 7/22/11 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DONNELLY J. LEBLANC
v.
CRAIG STEDMAN, et al.

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CIVIL ACTION
No. 10-5215

ORDER
AND NOW, this 21st day of July, 2011, upon consideration of the Defendants
George Pappas and John Doe, Chief of Police’s, Motion to Dismiss Plaintiff’s Complaint
Pursuant to Fed. R. Civ. P. 12(b)(6) (Document No. 25) and the plaintiff’s response, it is
ORDERED that the motion is GRANTED IN PART and DENIED IN PART.
IT IS FURTHER ORDERED as follows:
1.

To the extent the motion seeks to dismiss the defendant John Doe, it is

GRANTED;
2.

The complaint is DISMISSED as to the defendant John Doe only;

3.

To the extent the motion seeks to dismiss any conspiracy cause of action,

it is GRANTED;
4.

The conspiracy cause of action is DISMISSED;

5.

Plaintiff shall file an amended complaint as the conspiracy cause of action,

if he chooses to do so, no later than August 4, 2011.
6.

To the extent the motion seeks to dismiss the defendant George Pappas, it

is DENIED; and

7.

Defendant Pappas shall file his answer to the complaint no later than August

8, 2011.

/s/ Timothy J. Savage
TIMOTHY J. SAVAGE, J.