Linskey v. Guariglia et al

Filing 12

ORDER re 11 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that:(1) Defendants Motion to Dismiss Plaintiffs Second Amended Complaint (Doc. 7) is GRANTED in part and DENIED in part.(2) Defendants motion to dismiss Count I II of the Second Amended Complaint is GRANTED and the improper state ouster claim is dismissed. Plaintiff has twenty-one (21) days from the date of this Order to amend the Second Amended Complaint to properly plead this claim; otherwise, the improper state ouster claim is dismissed with prejudice.(3) Defendants motion to dismiss Count I and Count II of the Second Amended Complaint is DENIED.Signed by Honorable A. Richard Caputo on 4/16/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT LINSKEY,
CIVIL ACTION NO. 3:11-2509

Plaintiff,
v.

(JUDGE CAPUTO)

ANTHONY GUARIGLIA, ROSS LATONA,
MARTIN QUINN, MARK SINGER, and
BRUCE KNICK, in their Individual and
Official Capacities,
Defendants.
ORDER

NOW, this 16th day of April, 2012, IT IS HEREBY ORDERED that:
(1) Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint (Doc. 7)
is GRANTED in part and DENIED in part.
(2) Defendants’ motion to dismiss Count III of the Second Amended Complaint is
GRANTED and the improper state ouster claim is dismissed. Plaintiff has twentyone (21) days from the date of this Order to amend the Second Amended Complaint
to properly plead this claim; otherwise, the improper state ouster claim is dismissed
with prejudice.
(3) Defendants’ motion to dismiss Count I and Count II of the Second Amended
Complaint is DENIED.

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