Anything to Rent Lease Wholesale, Inc. et al v. Hughesville Borough et al

Filing 12

ORDER (memorandum filed previously as separate docket entry). The Motion to Dismiss is DENIED as to Plaintiffs Negligence Claims. The Motion to Dismiss is DENIED as to Plaintiffs Trespass Claims. The Motion to Dismiss is GRANTED WITH PREJUDICE as to Plaintiffs Federal Equal Protection Claims. The Motion to Dismiss is GRANTED WITHOUT PREJUDICE as to Plaintiffs Punitive Damage Claims. This case is REMANDED to the Court of Common Pleas of Lycoming County, Pennsylvania. The Clerk of Court is directed to forward a copy of this Order and the accompanying Memorandum to the Clerks Office for the Court of Common Pleas of Lycoming County and to close this case. Signed by Honorable Matthew W. Brann on 2/24/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANYTHING TO RENT LEASE
:
WHOLESALE, INC., CARL SCHULTZ :
and CARL SCHULTZ d/b/a
:
VALLEY BEVERAGE,
:
:
Plaintiffs,
:
:
v.
:
:
HUGHESVILLE BOROUGH and
:
HUGHESVILLE BOROUGH
:
AUTHORITY,
:
:
Defendants.
:

No. 4:16-cv-00895
(Judge Brann)

ORDER
AND NOW, this 24th day of February, 2017, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion to Dismiss, ECF No. 8, is GRANTED IN PART
AND DENIED IN PART, consistent with the following:
a.

The Motion to Dismiss is DENIED as to Plaintiffs’ Negligence
Claims (Counts XIII through XVIII).

b.

The Motion to Dismiss is DENIED as to Plaintiffs’ Trespass
Claims (Counts VII through XII).

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c.

The Motion to Dismiss is GRANTED WITH PREJUDICE as
to Plaintiffs’ Federal Equal Protection Claims (Counts I through
VI).

d.

The Motion to Dismiss is GRANTED WITHOUT
PREJUDICE as to Plaintiffs’ Punitive Damage Claims.

2.

This case is REMANDED to the Court of Common Pleas of
Lycoming County, Pennsylvania.

3.

The Clerk of Court is directed to forward a copy of this Order and the
accompanying Memorandum to the Clerk’s Office for the Court of
Common Pleas of Lycoming County and to close this case.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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