Mastrella v. Brennan

Filing 38

ORDER (memorandum filed previously as separate docket entry) - it is hereby ORDERED that defendants motion (Doc. 26 ) is GRANTED in part and DENIED in part as follows: The motion is GRANTED with respect to Count I. The motion is otherwise DENIED with respect to Counts II and III. Defendant shall respond to plaintiffs amended complaint in accordance with the Federal Rules of Civil Procedure. Signed by Honorable Christopher C. Conner on 11/18/2021. (mw)

Case 1:20-cv-01135-CCC Document 38 Filed 11/18/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT J. MASTRELLA,
Plaintiff
v.
LOUIS DEJOY, POSTMASTER
GENERAL, UNITED STATES
POSTAL SERVICE,
Defendant

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CIVIL ACTION NO. 1:20-CV-1135
(Judge Conner)

ORDER
AND NOW, this 18th day of November, 2021, upon consideration of the
motion (Doc. 26) to dismiss by defendant Louis DeJoy, and the parties’ respective
briefs in support of and opposition to said motion, and for the reasons set forth in
the accompanying memorandum, it is hereby ORDERED that:
1.

Defendant’s motion (Doc. 26) is GRANTED in part and DENIED in
part as follows:
a.
b.

2.

The motion is GRANTED with respect to Count I.
The motion is otherwise DENIED with respect to Counts II and
III.

Defendant shall respond to plaintiff’s amended complaint in
accordance with the Federal Rules of Civil Procedure.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner
United States District Judge
Middle District of Pennsylvania