Adamitis v. Borough of Dickson City et al

Filing 25

ORDER (memorandum filed previously as separate docket entry). (1) The Motion to Dismiss (Doc. 20) filed by Defendants Borough of Dickson City, Michael Fedorka, Robert Hall, Rose Louryk, Rick Cesari, Jack Horvath, Jeffrey Kovaleksi, and Barbara Mecca is GRANTED as follows:(A) The First Amendment claims in Counts I & II of Plaintiffs SecondAmended Complaint are DISMISSED without prejudice.(B) Plaintiffs state law claim in Count III of Plaintiffs Second AmendedComplaint is DISMISSED without prejudi ce.(2) Plaintiff has twenty-one (21) days from the date of entry of this Order to file a Third Amended Complaint to properly plead his retaliation claims (Counts I & II); otherwise, those claims will be dismissed with prejudice.Signed by Honorable A. Richard Caputo on 11/14/17. (dw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ANTHONY ADAMITIS, NO. 3:16-CV0497 Plaintiff, v. (JUDGE CAPUTO) BOROUGH OF DICKSON CITY, et al., Defendants. ORDER NOW, this 14th day of November, 2017, IT IS HEREBY ORDERED that: (1) The Motion to Dismiss (Doc. 20) filed by Defendants Borough of Dickson City, Michael Fedorka, Robert Hall, Rose Louryk, Rick Cesari, Jack Horvath, Jeffrey Kovaleksi, and Barbara Mecca is GRANTED as follows: (A) The First Amendment claims in Counts I & II of Plaintiff’s Second Amended Complaint are DISMISSED without prejudice. (B) Plaintiff’s state law claim in Count III of Plaintiff’s Second Amended Complaint is DISMISSED without prejudice. (2) Plaintiff has twenty-one (21) days from the date of entry of this Order to file a Third Amended Complaint to properly plead his retaliation claims (Counts I & II); otherwise, those claims will be dismissed with prejudice. /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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