PLOUFFE v. GAMBONE et al

Filing 29

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: 1. THE MOTION IS GRANTED AS TO ALL CLAIMS AGAINST DEFENDANTS ASSOCIATION OF PENNSYLVANIA STATE COLLEGE & UNIVERSITY FACULTIES ("APSCUF "), STEVE HICKS, AND JULIE REESE WITH PREJUDICE. 2. THE MOTION IS GRANTED AS TO THE PA. ADMINISTRATIVE AGENCY LAW CLAIM (COUNT 4), THE WEINGARTEN CLAIM (COUNT 6), AND THE DUTY OF FAIR REPRESENTATION AND FIDUCIARY DUTY CLAIMS (COUNT 7 AND THE EIG HTH COUNT IN THE FIRST AMENDED COMPLAINT THAT WAS MISLABELED AS COUNT 10) AS AGAINST ALL DEFENDANTS WITH PREJUDICE. 3. THE MOTION IS DENIED AS TO THE SECTION 1983 CLAIMS (COUNTS 1,2,3,AND 5) AGAINST DEFENDANTS GAMBONE, KREMSER, RENZEMA, AND TOGGIA. THE ONLY REMAINING CLAIMS IN THIS LAWSUIT ARE THE SECTION 1983-BASED CLAIMS AGAINST DEFENDANTS GAMBONE, KREMSER, RENZEMA,AND TOGGIA. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 6/20/12. 6/20/12 ENTERED AND COPIES MAILED TO PLOUFFE, E-MAILED.[FDC]

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WM. C. PLOUFFE, JR.
v.
MICHAEL GAMBONE, et al.

:
:
:
:
:

CIVIL ACTION

NO. 11-6390

ORDER
AND NOW, this 20th day of June, 2012, upon
consideration of defendants’ Motion to Dismiss (Docket No. 18),
and the plaintiff’s response thereto (Docket No. 27), IT IS
HEREBY ORDERED, for the reasons stated in a memorandum of law
bearing today’s date, that the motion is GRANTED IN PART and
DENIED IN PART as follows:
1.

The motion is GRANTED as to all claims against

defendants Association of Pennsylvania State College & University
Faculties (“APSCUF”), Steve Hicks, and Julie Reese with
prejudice.
2.

The motion is GRANTED as to the Pennsylvania

administrative agency law claim (Count 4), the Weingarten claim
(Count 6), and the duty of fair representation and fiduciary duty
claims (Count 7 and the eighth count in the First Amended
Complaint that was mislabeled as Count 10) as against all
defendants with prejudice.

3.

The motion is DENIED as to the § 1983 claims

(Counts 1, 2, 3, and 5) against defendants Gambone, Kremser,
Renzema, and Toggia.
The only remaining claims in this lawsuit are the
§ 1983-based claims against defendants Gambone, Kremser, Renzema,
and Toggia.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

-2-