Gebhart v. Steffen et al

Filing 44

ORDER: 1. The mtn 39 to strike filed by dft, Timothy J. Barker, is denied, but the relief sought in the mtn is granted and Pltfs claims for maliciousprosecution and abuse of process in the second amended complaint are hereby dismissed as against d ft Barker. 2. The mtn 37 to dismiss filed by dft, David Steffen, is granted, and the malicious prosecution claim in the second amended complaint is hereby dismissed as against dft Steffen. 3. The abuse-of-process claim in the second amended compla int is hereby dismissed as against dft Steffen. 4. Within (21) days of the date of this order, Pltf may file a third amended complaint against both dfts, but only on her malicious prosecution claim, pleading that claim with sufficient factual plausibility in regard to the lack of probable cause. 5. If Pltf fails to comply with pgph 4, this action will be dismissed.Signed by Honorable William W. Caldwell on 10/16/13 (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GLORIA GEBHART,
Plaintiff
v.
DAVID STEFFEN and
TIMOTHY J. BARKER,
Defendants

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: CIVIL NO. 1:12-CV-1837
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ORDER
AND NOW, this 16th day of October, 2013, it is ORDERED that:
1. The motion (Doc. 39) to strike filed by defendant,
Timothy J. Barker, is denied, but the relief sought in the
motion is granted and Plaintiff’s claims for malicious
prosecution and abuse of process in the second amended
complaint are hereby dismissed as against defendant Barker.
2. The motion (Doc. 37) to dismiss filed by defendant,
David Steffen, is granted, and the malicious prosecution claim
in the second amended complaint is hereby dismissed as
against defendant Steffen.
3. The abuse-of-process claim in the second amended
complaint is hereby dismissed as against defendant Steffen.
4. Within twenty-one (21) days of the date of this order,
Plaintiff may file a third amended complaint against both
defendants, but only on her malicious prosecution claim,
pleading that claim with sufficient factual plausibility in regard
to the lack of probable cause.

5. If Plaintiff fails to comply with paragraph 4, this action will
be dismissed.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge

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