BIESECKER v. CEREBRAL PALSY ASSOCIATION, CHESTER COUNTY DISABILITIES SERVICES et al

Filing 32

ORDER THAT THE MOTION TO PARTIALLY DISMISS FILED BY DEFENDANTS THOMAS EARLE AND STEVIE JOHNSON IS GRANTED WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT, WITHIN 21 DAYS OF THIS ORDER, THE PLAINTIFF'S MAY FILE AN AMENDED COMPLAINT TO INCLUDE ANY M ISSING ALLEGATIONS OF FACT OR THEORIES OF LIABILITY AS THEY PERTAIN TO DEFENDANTS EARLE AND JOHNSON ONLY. FAILURE TO COMPLY WILL RESULT IN A DISMISSAL OF THESE DEFENDANTS WITH PREJUDICE. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 3/15/18. 3/16/18 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EVAN BIESECKER, by his
Guardians and Next Friends, Wayne
and Angela Biesecker, and Wayne and
Angela, Individually,
Plaintiffs
vs.
CEREBRAL PALSY ASSOCIATION,
CHESTER COUNTY DISABILITIES
SERVICES, et al.,
Defendants

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CIVIL ACTION

NO. 17-2586

ORDER
AND NOW, this 15th day of March, 2018, upon consideration of the motion to
partially dismiss filed by Defendants Thomas Earle and Stevie Johnson (Document #13),
the plaintiff’s response thereto (Document #15), and the defendants’ reply brief
(Document #20), IT IS HEREBY ORDERED that the motion is GRANTED without
prejudice.
IT IS FURTHER ORDERED that, within twenty-one (21) days of the date of this
Order, the plaintiffs may file an amended complaint to include any missing allegations of
fact or theories of liability as they pertain to Defendants Earle and Johnson only. Failure
to comply will result in a dismissal of these defendants with prejudice.
BY THE COURT:

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