Sutton et al v. Chanceford Township et al

Filing 38

ORDER In accord with the Memorandum 37 filed this date; Dfts' mtn to dismiss 21 is GRANTED in part and DENIED in part. GRANTED with respect to Count I, Count II and Count V. DENIED with respect to the pltfs substantive due process claim set forth in Count II, as well as to Count III, Count IV, and Count VI. IT IS FURTHER ORDERED that Counsel will meet and complete a "Joint Case Management Plan" form and submit by 1/3/17. A telephonic Case Management Conference is scheduled for 1/4/2017 @ 1:30 PM before MJ Carlson. Pltf shall initiate the call. See order for specifics.Signed by Magistrate Judge Martin C. Carlson on 12/14/16. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TERRY SUTTON, d/b/a CINKAJ
BROGUE LIMITED PARTNERSHIP,
BRENDA SUTTON d/b/a CINKAJ
BROGUE LIMITED PARTNERSHIP,
CHRIS CINKAJ, d/b/a/ CINKAJ
BROGUE LIMITED PARTNERSHIP,
Plaintiff
v.
CHANCEFORD TOWNSHIP, et al.,
Defendants

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Civil No. 1:14-CV-1584
(Magistrate Judge Carlson)

ORDER
AND NOW, this 14th day of December 2016, for the reasons set forth in the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT the
defendants’ motion to dismiss the plaintiffs’ amended complaint (Doc. 21.) is
GRANTED in part and DENIED in part. The motion is GRANTED with respect
to Count I (equal protection), Count II (procedural due process only) and Count V
(42 U.S.C. § 1983).

The motion is DENIED with respect to the plaintiffs’

substantive due process claim set forth in Count II, as well as to Count III (First

Amendment), Count IV (Pennsylvania Constitution, Article I, § 7), and Count VI
(declaratory judgment).
In order to ensure the prompt resolution of this case, IT IS FURTHER
ORDERED that Counsel will meet and complete a "Joint Case
Management Plan" form. In this case the Court seeks a supplemental
form from the parties setting an expedited timetable for any further
discovery, motions practice or other proceedings. The completed form,
which is set forth in Appendix A of the Local Rules, must be filed on or
before January 3, 2017.

Unless the parties request an in-person

conference, a telephonic case management conference will be held in the abovecaptioned case on January 4, 2017 at 1:30 p.m.. The plaintiff shall initiate the
call, ensuring that all parties are on the telephone line, before contacting the Court
at telephone number 717-614-4120. The primary purpose of this conference
will be to establish case management deadlines to enable this action to
go forward as efficiently as possible. In this regard, counsel are asked
to be prepared to address the following questions: (1) Is this case ripe
for presentation on motions for summary judgment? (2) Is there further
discovery which is needed for allow for an informed resolution of the
case? Participation in this conference by counsel or by pro se litigants is

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mandatory.

If counsel of record is unable to participate in the

conference, the Court shall be notified of the name of the substitute
counsel two business days in advance of the date of the conference.
This information can be conveyed to the Court by contacting the
undersigned’s Deputy Clerk, Kevin Neary at [phone] or by email
at [e-mail].

/s/ Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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