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)

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

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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