PEREZ et al v. VEGA et al

Filing 18

ORDER OF 3/5/2019 THAT DEFENDANT'S PARTIAL MOTION TO DISMISS, ECF NO. 11, IS GRANTED IN PART AND DENIED IN PART. COUNTS II, III, IV, V-1 AND VII OF THE AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE, HOWEVER PLAINTIFFS ARE GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT WITH RESPECT TO COUNT V-2 AND THE CLAIM FOR SECTION 1983 SELECTIVE ENFORCEMENT ON OR BEFORE MARCH 26, 2019. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 3/5/2019. 3/5/2019 ENTERED AND COPIES E-MAILED.(DT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
JULIAN PARRILLA PEREZ;
CARLA RIVERA CRUZ; and
ADY RASHID RODRIGUEZ PEREZ,
Plaintiffs,
v.
POLICE OFFICER VEGA;
POLICE OFFICER GINGRASSO;
POLICE OFFICER JOHN DOES 1-8; and
CITY OF READING,
Defendants.

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No. 5:18-cv-00997

ORDER
AND NOW, this 5th day of March, 2019, upon consideration of Plaintiffs’ Amended
Complaint, ECF No. 9; Defendants’ Partial Motion to Dismiss, ECF No. 11; Plaintiffs’
Response, ECF No. 13; and Defendants’ Reply, ECF No. 14, and for the reasons set forth in the
accompanying Opinion, IT IS ORDERED THAT:
1.
Defendants’ Partial Motion to Dismiss, ECF No. 11, is GRANTED in Part and
DENIED in Part.
2.
Counts II, III, IV, V-1, and VII of the Amended Complaint are DISMISSED with
prejudice, however Plaintiffs are granted leave to file a second Amended Complaint with
respect to Count V-2 and the claim for section 1983 selective enforcement on or before March
26, 2019. 1

BY THE COURT:

/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge
1

The Court does not grant leave to amend Counts II, III, IV, V-1, and VII because
amendment to those Counts would be futile.
1
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