Southerton v. Borough of Honesdale et al

Filing 63

ORDER (memorandum filed previously as separate docket entry). (1) Plaintiffs Motion for Leave to File a Third Amended Complaint 55 to allow him to proceed with a breach of contract claim is DENIED. (2) Defendants Motion to Strike the Breach of Cont ract Claim in Plaintiffs Third Amended Complaint 53 is GRANTED. Count V is STRICKEN from Plaintiffs Third Amended Complaint.(3) Defendants shall answer or otherwise respond to Plaintiffs ThirdAmended Complaint 52 within twenty-one (21) days from the date of entry of this Order.Signed by Honorable A. Richard Caputo on 5/18/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RICHARD SOUTHERTON,
Plaintiff,

NO. 3:17-CV-0165

v.

(JUDGE CAPUTO)

BOROUGH OF HONESDALE, et
al.,
Defendants.
ORDER
NOW, this 18th day of May, 2018, IT IS HEREBY ORDERED that:
(1)

Plaintiff’s Motion for Leave to File a Third Amended Complaint (Doc.
55) to allow him to proceed with a breach of contract claim is DENIED.

(2)

Defendants’ Motion to Strike the Breach of Contract Claim in Plaintiff’s
Third Amended Complaint (Doc. 53) is GRANTED.

Count V is

STRICKEN from Plaintiff’s Third Amended Complaint.
(3)

Defendants shall answer or otherwise respond to Plaintiff’s Third
Amended Complaint (Doc. 52) within twenty-one (21) days from the date
of entry of this Order.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge