NIEMOCZYNSKI et al v. UPPER MOUNT BETHEL TOWNSHIP OF PENNSYLVANIA et al

Filing 30

ORDER THAT THE TOWNSHIP DEFENDANTS MOTION TO DISMISS IS GRANTED; THE APONICKS MOTION TO DISMISS IS GRANTED; PLAINTIFFS COMPLAINT IS DISMISSED WITHOUT PREJUDICE WITH RESPECT TO ALL CLAIMS AGAINST THE TOWNSHIP DEFENDANTS AND FRAN APONICK; AND ALL CLAIMS AGAINST ROBERT APONICK ARE DISMISSED WITH PREJUDICE. PLAINTIFFS HAVE TWENTY (20) DAYS IN WHICH TO FILE AN AMENDED COMPLAINT. IT IS SO ORDERED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/23/17. 1/24/17 ENTERED AND COPIES E-MAILED. (va, )

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

LEON NIEMOCZYNSKI, JR., and
NALINA NIEMOCZYNSKI,
Plaintiffs,
v.
UPPER MOUNT BETHEL TOWNSHIP OF
PENNSYLVANIA, et al.,
Defendants.

:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION

NO. 16-0212

ORDER
AND NOW, this 23rd day of January, 2017, upon consideration of the Motions to
Dismiss by Defendants Upper Mount Bethel Township, Upper Mount Bethel Township
Zoning Board, Robert Cartwright, Maureen Sterner, Robert Collura, Jeffrey Manzi, and
Ronald Angle (“the Township Defendants”) (Docket No. 19) and Robert and Fran
Aponick (Docket Nos. 15, 16, and 17); the Responses in Opposition by Plaintiffs Leon
and Nalina Niemoczynski (Docket Nos. 20 and 21); the Township Defendants’ Reply
(Docket No. 24); and Plaintiffs’ Sur Reply (Docket No. 27), it is hereby ORDERED
that:
1. The Township Defendants’ Motion to Dismiss is GRANTED;
2. The Aponicks’ Motion to Dismiss is GRANTED;
3. Plaintiffs’ Complaint is DISMISSED WITHOUT PREJUDICE with respect
to all claims against the Township Defendants and Fran Aponick; and
4. All claims against Robert Aponick are DISMISSED WITH PREJUDICE.

5. Plaintiffs have twenty (20) days in which to file an Amended Complaint.
It is so ORDERED.
BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.