Litwak v. Tomko et al

Filing 17

ORDER denying as moot 11 Motion to Dismiss for Failure to State a Claim. IT IS ORDERED that Plaintiff will file a repleaded Amended Complaint within 14 days from the entry of this Order. Defendants must file a responsive pleadings to Plaintiff's repleaded Amended Complaint within 14 days from the date on which the repleaded Amended Complaint is served. Signed by Honorable A. Richard Caputo on 1/17/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN R. LITWAK, JR., D/B/A JRL
EMERGENCY SERVICES,

CIVIL ACTION NO. 3:16-cv-00446

Plaintiff,
(JUDGE CAPUTO)
v.
RICHARD E. TOMKO, MAYOR OF THE
BOROUGH OF ST. CLAIR et. al,
Defendants.
ORDER
NOW, this 17th day of January, 2017, IT IS HEREBY ORDERED that Plaintiff will file
a repleaded Amended Complaint within fourteen (14) days from the entry of this Order.
(1)

The repleaded Amended Complaint must list each discrete cause of action in a
separate count, and identify with specificity the factual allegations used to support
each discrete claim against each individual Defendant(s). Plaintiff is not being granted
leave to amend his complaint under Federal Rule of Civil Procedure 15(a)(2), and
therefore cannot add new claims and/or parties which are not apparent from the
allegations in the instant Amended Complaint.

(2)

Defendants’ Motion for Partial Dismissal (Doc. 11) is DENIED as moot.

(3)

Defendants must file a responsive pleading to Plaintiff’s repleaded Amended
Complaint within fourteen (14) days from the date on which the repleaded Amended
Complaint is served.

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