Keller v. Lackawanna County et al

Filing 40

ORDER (memorandum filed previously as separate docket entry), GRANTED IN PART AND DENIED IN PART 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lackawanna County, William Browning. Amended Pleadings due by 8/14/2017.Signed by Honorable Malachy E Mannion on 8/1/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LAURA KELLER,

:

Plaintiff,

:

v.

:

CIVIL ACTION NO. 3:15-2511
(JUDGE MANNION)

LACKAWANNA COUNTY,
:
WILLIAM BROWNING,
and AMERICAN FEDERATION OF :
STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO, DISTRICT :
COUNCIL 87,
:
Defendants.
:
ORDER
In accordance with the memorandum issued by the court this same day,
IT IS HEREBY ORDERED THAT the third partial motion to dismiss brought
by the defendants Lackawanna County and William Browning (collectively, the
“County defendants”), (Doc. 33), is GRANTED IN PART and DENIED IN
PART as follows:
(1)

The County defendants’ motion to dismiss Count I in the plaintiff’s
second amended complaint, (Doc. 28), is GRANTED, in part;

(2)

Count I in the plaintiff’s second amended complaint, (Doc. 28), is
DISMISSED WITHOUT PREJUDICE;

(3)

The plaintiff is granted leave to amend her second amended
complaint, (Doc. 28), and shall have until August 14, 2017 to file
her final complaint;

(4)

The County defendants’ motion to dismiss Count III in the
plaintiff’s second amended complaint, (Doc. 28), is DENIED; and

(5)

The County defendants’ request to strike attorney’s fees from
Count III of the plaintiff’s second amended complaint, (Doc. 28),
is DENIED.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: August 1, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-2511-01 Order.wpd

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