Kapish v. Advanced Code Group et al

Filing 21

ORDER (memorandum filed previously as separate docket entry), GRANTING in part DENYING in part 11 MOTION to Dismiss- granted re Counts II and III; and denied in all respects; Dfts to answer pltf's complaint w/i 14 days. Signed by Honorable James M. Munley on 09/01/15. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHARLES KAPISH individually
and t/d/b/a KAPS CONSTRUCTION,
Plaintiff

:
No. 3:15cv278
:
:
(Judge Munley)
:
v.
:
:
ADVANCED CODE GROUP,
:
JEFFREY REMAS and SHAWN
:
BOLLES,
:
Defendants
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 1st day of September 2015, defendants’
motion to dismiss (Doc. 11) is hereby GRANTED in part and DENIED in
part as follows:
1.

The motion is GRANTED with respect to plaintiff’s Fourteenth
Amendment substantive due process claim, Count II, against the
defendants. Count II is DISMISSED with prejudice;

2.

The motion is GRANTED with respect to plaintiff’s Fourteenth
Amendment procedural due process claim, Count III, against the
defendants. Count III is DISMISSED with prejudice; and

3.

The motion is DENIED in all other respects.

4.

Defendants are further ORDERED to answer plaintiff’s complaint
within fourteen (14) days.
BY THE COURT:
s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court