Rittenhouse Entertainment, Inc. et al v. City of Wilkes-Barre et al

Filing 60

ORDER re 59 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that:(1)The City Defendants Motion to Dismiss (Doc. 40) is GRANTED in part and DENIED in part as follows:(a)The §§ 1983 and 1985 claims asserted by Mr. Greco and Rittenhouse in Count I are DISMISSED with prejudice. (B)Count IIs §§ 1981 and 1982 claims against the City Council members, J.J. Murphy, and Butch Frati, as well as Rittenhouses § 1985 claim against all City Defendants, a re dismissed with prejudice. (c)The motion to dismiss is otherwise DENIED.(2)The County Defendants Motion to Dismiss (Doc. 39) is GRANTED in part and DENIED in part as follows:(a)The § 1983 claims asserted by Mr. Greco and Rittenhouse and the &# 167; 1985 claims asserted by The Mines, Mr. Greco, and Rittenhouse in Count I are DISMISSED with prejudice.(b)Count IIs claims are DISMISSED with prejudice.(c)The motion to dismiss is otherwise DENIED.(3)The College Defendants Motion to Dismiss (Doc. 41) is GRANTED in part and DENIED in part as follows:(a)The §§ 1983 and 1985 claims asserted by Mr. Greco and Rittenhouse in Count I are DISMISSED with prejudice.(b)Count IIs §§ 1981, 1982, and 1985 claims asserted by Mr. Greco a nd Rittenhouse are DISMISSED with prejudice. (c)The motion to dismiss is otherwise DENIED.(4)Defendants shall file a response to Plaintiffs Amended Complaint within twenty-one (21) days from the date of entry of this Order. Signed by Honorable A. Richard Caputo on 8/16/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RITTENHOUSE ENTERTAINMENT, INC.;
THE MINES, INC.; G NET COMM. CO.;
PHOENIX ESTATES; and THOMAS J.
GRECO;
Plaintiffs,

CIVIL ACTION NO. 3:11-617

(JUDGE CAPUTO)

v.
CITY OF WILKES-BARRE; THOMAS
LEIGHTON, individually and as Mayor of
Wilkes-Barre; GERALD DESSOYE,
individually and as Chief of Police of
Wilkes-Barre; J.J. MURPHY, individually
and as City Administrator of Wilkes-Barre;
TONY THOMAS, JR., KATHY KANE,
WILLIAM BARRET, RICK CRONAUER,
and MICHAEL MERRITT, individually and
as Members of the Wilkes-Barre City
Council; BUTCH FRATI, individually and
as Director of Operations of Wilkes-Barre;
LUZERNE COUNTY; MICHAEL
SAVOKINAS, individually and as Luzerne
County Sheriff; KING’S COLLEGE; and
FATHER THOMAS J. O’HARA, ROBERT
MCGONIGLE, PAUL LINDENMUTH, and
JOHN MCANDREW, individually and as
Officers and Employees of King’s College;
Defendants.
ORDER
NOW, this 16th day of August, 2012, IT IS HEREBY ORDERED that:
(1)

The City Defendants’ Motion to Dismiss (Doc. 40) is GRANTED in part and
DENIED in part as follows:
(a)

The §§ 1983 and 1985 claims asserted by Mr. Greco and Rittenhouse in
Count I are DISMISSED with prejudice.

(B)

Count II’s §§ 1981 and 1982 claims against the City Council members, J.J.
Murphy, and Butch Frati, as well as Rittenhouse’s § 1985 claim against all
City Defendants, are dismissed with prejudice.

(c)

The motion to dismiss is otherwise DENIED.

(2)

The County Defendants’ Motion to Dismiss (Doc. 39) is GRANTED in part and
DENIED in part as follows:
(a)

The § 1983 claims asserted by Mr. Greco and Rittenhouse and the § 1985
claims asserted by The Mines, Mr. Greco, and Rittenhouse in Count I are
DISMISSED with prejudice.

(b)
(c)
(3)

Count II’s claims are DISMISSED with prejudice.
The motion to dismiss is otherwise DENIED.

The College Defendants’ Motion to Dismiss (Doc. 41) is GRANTED in part and
DENIED in part as follows:
(a)

The §§ 1983 and 1985 claims asserted by Mr. Greco and Rittenhouse in
Count I are DISMISSED with prejudice.

(b)

Count II’s §§ 1981, 1982, and 1985 claims asserted by Mr. Greco and
Rittenhouse are DISMISSED with prejudice.

(c)
(4)

The motion to dismiss is otherwise DENIED.

Defendants shall file a response to Plaintiffs’ Amended Complaint within twentyone (21) days from the date of entry of this Order.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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