SWEDRON v. BADEN BOROUGH et al

Filing 29

ORDER denying as moot 18 Motion to Dismiss. Additionally, on or before October 1, 2008, plaintiff shall file his Second Amended Complaint; defendants shall file an Answer to Second Amended Complaint or Motion to Dismiss Second Amended Complaint, in whole or in part, on or before October 21, 2008. Signed by Judge Arthur J. Schwab on 9/15/08. (mjl)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ROBERT SWEDRON, JR, Plaintiff, v. BADEN BOROUGH, BADEN POLICE DEPARTMENT, OFFICER JEFFREY D. OLSON, OFFICER JACK SPENCER, CHIEF DANIEL COLAIZZI, and MARY SWEDRON, Defendants. ORDER DENYING MOTION TO DISMISS AS MOOT AND SUPPLEMENTING CASE MANAGEMENT ORDER Pursuant to the agreement of the parties following an informal supplemental case management discussion with law clerk, plaintiff will file a Second Amended Complaint, which will have the effect of mooting defendants' pending motion to dismiss (doc. no. 18). Accordingly, IT IS ORDERED that, on or before October 1, 2008, plaintiff shall file his Second Amended Complaint; defendants shall file an Answer to Second Amended Complaint or Motion to Dismiss Second Amended Complaint, in whole or in part, on or before October 21, 2008. Defendant's Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) (doc. no. 18) is DENIED as moot. s/ Arthur J. Schwab Arthur J. Schwab United States District Judge cc: All Registered ECF Counsel and Parties 08cv1095 Electronically Filed