BIESECKER v. CEREBRAL PALSY ASSOCIATION, CHESTER COUNTY DISABILITIES SERVICES et al
MEMORANDUM AND ORDER THAT AMENDED COMPLAINT IS STRICKEN AS UNTIMELY. THE MOTIONS TO DISMISS THE AMENDED COMPLAINT (DOCS. 34, 35, 36 AND 38) ARE DENIED AS MOOT. THE MOTION TO DISMISS THE AMENDED COMPLAINT FILED BY DEFENDANTS EARLE AND JOHNSON (DOC. 40 ) IS GRANTED IN ITS ENTIRETY WITH PREJUDICE. THE MOTIONS TO DISMISS FILED BY THE CHESTER COUNTY DEFENDANTS (DOC. 21) THE CARING COMPANIONS DEFENDANTS (DOC. 24), THE CEREBRAL PALSY ASSOCIATION DEFENDANTS (DOC. 25) AND THE COMMONWEALTH DEFENDANTS (DOC. 26) ARE GRANTED WITHOUT PREJUDICE BASED ON INSUFFICIENT SERVICE OF PROCESS. THE PLAINTIFFS ARE GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT WITHIN 14 DAYS OF THE DATE OF THIS ORDER, ETC.. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 7/13/18. 7/13/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF, EMAILED.(rf, )
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
CEREBRAL PALSY ASSOCIATION,
CHESTER COUNTY DISABILITIES
SERVICES, et al.,
AND NOW, this 13th day of July, 2018, upon consideration of the various
motions to dismiss filed by the defendants, IT IS HEREBY ORDERED that:
1. The amended complaint is STRICKEN as untimely.
2. The motions to dismiss the amended complaint (Documents #34, 35, 36, 38)
are DENIED as moot.
3. The motion to dismiss the amended complaint filed by Defendants Earle and
Johnson (Document #40) is GRANTED in its entirety with prejudice.
4. The motions to dismiss filed by the Chester County Defendants (Document
#21), the Caring Companions Defendants (Document #24), the Cerebral Palsy
Association Defendants (Document #25), and the Commonwealth Defendants (Document
#26) are GRANTED without prejudice based on insufficient service of process.
5. The plaintiffs are granted leave to file a second amended complaint within
fourteen days of the date of this Order, if warranted by the facts and applicable law as
discussed in the accompanying Memorandum. Failure to comply will result in the
dismissal of this action with prejudice.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C.J.
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