Adamitis v. Borough of Dickson City et al

Filing 17

ORDER :IT IS HEREBY ORDERED that:(1) Defendants Borough of Dickson City, Rick Cesar, Michael Fedorka, Robert Hall, JackHorvath, Jeffrey Kovaleski, Rose Louryk, and Barbara Meccas Motion to Dismiss(Doc. 11) Plaintiffs Amended Complaint (Doc. 10) is GR ANTED in that:(a) Count I, alleging politically motivated harm, is DISMISSED withoutprejudice.(b) Count II, alleging retaliation, is DISMISSED without prejudice.(c) Count III, challenging a local compensation ordinance on state tax lawgrounds, is DIS MISSED without prejudice.(2) Plaintiff has twenty-one (21) days from the date of entry of this Order to file aSecond Amended Complaint to properly plead his retaliation claims (Counts I & II);otherwise, the claims will be dismissed with prejudice.Signed by Honorable A. Richard Caputo on 6/19/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY ADAMITIS
NO. 3:16-CV-00497

Plaintiff,

(JUDGE CAPUTO)

v.
BOROUGH OF DICKSON CITY, et al.,
Defendants.
ORDER

NOW, this 19th day of June, 2017, IT IS HEREBY ORDERED that:
(1)

Defendants Borough of Dickson City, Rick Cesar, Michael Fedorka, Robert Hall, Jack
Horvath, Jeffrey Kovaleski, Rose Louryk, and Barbara Mecca’s Motion to Dismiss
(Doc. 11) Plaintiff’s Amended Complaint (Doc. 10) is GRANTED in that:
(a)

Count I, alleging “politically motivated harm,” is DISMISSED without
prejudice.

(b)

Count II, alleging retaliation, is DISMISSED without prejudice.

(c)

Count III, challenging a local compensation ordinance on state tax law
grounds, is DISMISSED without prejudice.

(2)

Plaintiff has twenty-one (21) days from the date of entry of this Order to file a
Second Amended Complaint to properly plead his retaliation claims (Counts I & II);
otherwise, the claims will be dismissed with prejudice.

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