BENJAMIN v. FASSNACHT et al

Filing 13

MEMORANDUM AND/OR OPINION ORDER THAT THE MOTION (DOC. #4) IS GRANTED. COUNT V IS DISMISSED WITH PREJUDICE AS TO DEFTS JAMES B. FASSNACHT AND CORPORAL BRAY. ALL OTHER CLAIMS AGAINST DEFTS JAMES B. FASSNACHT AND CORPORAL BRAY ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFFS ARE GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 21 DAYS IN CONFORMITY WITH THE ACCOMPANYING MEMORANDUM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/1/2012; 8/2/2012 ENTERED AND COPIES E-MAILED.(tomg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : JOSHUA BENJAMIN, a minor, by : THOMAS BENJAMIN and JANET : BENJAMIN, : Plaintiffs, : CIVIL ACTION v. : : NO. 12-0585 JAMES B. FASSNACHT, et al., : Defendants. : ____________________________________: ORDER AND NOW, this 1st day of August 2012, upon consideration of the Motion of Defendants James B. Fassnacht and Corporal Bray to Dismiss the Complaint (Doc. No. 4), and the opposition thereto, it is hereby ORDERED that the Motion is GRANTED. Count V (intentional infliction of emotional distress) is DISMISSED WITH PREJUDICE as to Defendants James B. Fassnacht and Corporal Bray. All other claims against Defendants James B. Fassnacht and Corporal Bray are DISMISSED WITHOUT PREJUDICE. It is further ORDERED that Plaintiffs are granted leave to file an amended complaint within 21 days in conformity with the accompanying memorandum. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _____________________ CYNTHIA M. RUFE, J.

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