Tereo v. Smuck et al

Filing 32

ORDER (Memorandum 31 filed previously as separate docket entry) GRANTING in Part & DENYING in part defts' MTD 11 ... (see Paras 1a-b for specifics), granting Tereo leave to amend pleading w/in 20 days of date of this order, DENYING defts' motion for sanctions 24 , LIFTING 2/28/17 stay 30 , & noting Clrk of Ct will issue revised pretrial & trial schedule by separate order. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/15/17. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ERIC D. TEREO, Plaintiff v. DARRYL L. SMUCK, II and SOUTHERN REGIONAL POLICE DEPARTMENT, Defendants : : : : : : : : : : : CIVIL ACTION NO. 1:16-CV-1436 (Chief Judge Conner) ORDER AND NOW, this 15th day of May, 2017, upon consideration of the motion (Doc. 11) filed by defendants Officer Darryl L. Smuck, II, and the Southern Regional Police Department (collectively, “defendants”), seeking to dismiss the complaint (Doc. 1) of plaintiff Eric D. Tereo (“Tereo”), and for the reasons stated in the accompanying memorandum, it is hereby ORDERED that: 1. Defendants’ motion (Doc. 11) is GRANTED in part and DENIED in part as follows: a. b. 2. The motion (Doc. 11) is GRANTED to the extent Count II of Tereo’s complaint (Doc. 1) is DISMISSED without prejudice. Defendants’ motion (Doc. 11) is otherwise DENIED. Tereo is granted leave to amend his pleading within twenty (20) days of the date of this order, consistent with the above paragraphs and the accompanying memorandum. In the absence of a timely-filed amended complaint, the above-captioned action shall proceed on the remaining claims. 3. Defendants’ motion (Doc. 24) for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure is DENIED. 4. The stay imposed by the court’s order (Doc. 30) of February 28, 2017 is LIFTED. 5. The Clerk of Court will issue a revised pretrial and trial schedule by separate order. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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