EXETER TOWNSHIP v. FRANCKOWIAK

Filing 48

OPINION/ORDER THAT ECF MOTION NO. 15 IS GRANTED; AND THAT ECF MOTION NO. 14 IS DENIED AS MOOT. THE EXETER PARTIES' REQUEST THAT FRANCKOWIAK BE ORDERED TO PAY THEIR FEES AND COSTS AS A CONDITION OF VOLUNTARY DISMISSAL IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/21/18. 2/22/18 ENTERED AND COPIES E-MAILED. (ky, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ EXETER TOWNSHIP, Plaintiff, : : : v. : : CHERYL FRANCKOWIAK, : Defendant. : __________________________________________ No. 5:17-cv-2709 ORDER AND NOW, this 21st day of February, 2018, upon consideration of Defendant Cheryl Franckowiak’s Motion to Voluntarily Dismiss without prejudice her counterclaims against Plaintiff Exeter Township and the Exeter Township Board of Supervisors, Lisa VanderLaan, William “Chip” White, and Jeffrey Bukowski (collectively, with the Township, “the Exeter Parties”), ECF No. 15, and the Exeter Parties’ Motion for Judgment on the Pleadings with respect to those same counterclaims, ECF No. 14, and for the reasons set forth in the opinion issued this date, it is ORDERED that: 1. Franckowiak’s Motion to Voluntarily Dismiss Her Counterclaims without Prejudice, ECF No. 15, is GRANTED; 2. The Exeter Parties’ Motion for Judgment on the Pleadings, ECF No. 14, is DENIED as moot; 3. The Exeter Parties’ request that Franckowiak be ordered to pay their fees and costs as a condition of voluntary dismissal is DENIED. BY THE COURT: /s/ Joseph F. Leeson, Jr.__________ JOSEPH F. LEESON, JR. United States District Judge 1 022118

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