Monroe Grocery, Inc et al v. Retailer Operation Division

Filing 50

ORDER (memorandum filed previously as separate docket entry),Judge Schwabs Report (Doc. 40) is ADOPTED IN ITS ENTIRETY; The Governments motion to dismiss (Doc. 18) is GRANTED IN PART and DENIED IN PART;a., plaintiffs are GRANTED leave to file a second amended complaint by March 6, 2019.ORDER REFERRING CASE to Magistrate Judge Susan E. Schwab; Amended Pleadings due by 3/6/2019.Signed by Honorable Malachy E Mannion on 2/20/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
MONROE GROCERY, INC. and
FRANCISCO TAVAREZ

:
:

Plaintiffs

CIVIL ACTION NO. 3:17-922
:

v.
:
UNITED STATES OF AMERICA,
GILDA TORRES, and SONNY
PERDUE

(MANNION, D.J.)
(SCHWAB, M.J.)

:
:

Defendants
:
ORDER
In accordance with the court’s memorandum issued this same day, IT
IS HEREBY ORDERED THAT:
(1) Judge Schwab’s Report (Doc. 40) is ADOPTED IN ITS ENTIRETY;
(2) The Government’s objections (Doc. 43) are OVERRULED;
(3) The Government’s motion to dismiss (Doc. 18) is GRANTED IN
PART and DENIED IN PART;
a. The Government’s motion to dismiss plaintiffs’ claims seeking
damages against defendants, in their official capacities is
GRANTED, and such claims are DISMISSED WITH
PREJUDICE;

b. The Government’s motion to dismiss plaintiffs’ equal
protection claims is DENIED.
c. The Government’s motion to dismiss plaintiffs’ substantive
due process claim is GRANTED, and such claims are
DISMISSED WITHOUT PREJUDICE; however, plaintiffs are
GRANTED leave to file a second amended complaint by
March 6, 2019.
(4) This matter is REMANDED to Judge Schwab for further
proceedings.

s/  Malachy

E. Mannion

MALACHY E. MANNION
United States District Judge
DATE: February 20, 2019
O:\MANNION\SHARED\MEMORANDA - DJ\CIVIL MEMORANDA\2017 MEMORANDA\17-922-01-ORDER.DOCX

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