THOMPSON v. HENS-GRECO et al

Filing 25

MEMORANDUM ORDER directing that plaintiffs' 13 Verified Amended Joinder Complaint is dismissed without prejudice. Plaintiffs are granted leave to amend complaint to conform with Federal Rules of Civil Procedure. Plaintiffs to file Second Am ended Complaint on or before 12/23/16. Failure to file by this date will result in action being dismissed with prejudice. Further ordered that 23 Report and Recommendation of Magistrate Judge Lenihan is adopted as the opinion of the Court. Signed by Judge David S. Cercone on 12/2/16. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Dwayne Thompson, individually, and on
behalf of his minor daughter “RMT” and
Pamela McDeavitt,
Plaintiffs,
v.
Kathryn M. Hens-Greco; Kimberly Berkeley
Clark, Krista Abram; Shane Mock; Jonathon
Voelker; Pernille Frankmar; Voelker &
Colton, LLC; Lauren Darbouze; Reserve
Township Police; Brian Tully; Fred Boory Jr;
Pittsburgh Municipal Court; Barbara Clements;
Allegheny County; Patrick Quinn; Christopher
Connors; Geraldine M. Redic; Claire Capristo;
Allegheny County Sheriff’s Department;
Anthony Fratto; Holly Zemba; Allegheny County
Department of Court Records; Allegheny County
Office of Children and Youth Services;
Bruce Noel; Brynn Alpee; McKeesport Area
School District; Fifth Judicial District; and
John and Jane Does, 1-10,
Defendants.

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2:16cv1100
Electronic Filing
District Judge Cercone
Magistrate Judge Lenihan
ECF Nos. 13 & 23

MEMORANDUM ORDER
Plaintiff delivered his Complaint to the clerk of courts for the United States District Court
for the Western District of Pennsylvania on July 25, 2016. The original Complaint was filed on
July 26, 2016, and referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules
72.C and 72.D of the Local Rules of Court. Plaintiffs’ Verifed Amended Joinder Complaint was
filed on October 24, 2016. (ECF No. 13.)

The Magistrate Judge’s Report and Recommendation (ECF No. 23) filed on November 8,
2016, recommended, sua sponte pursuant to Federal Rule of Civil Procedure 12(f), that
Plaintiffs’ Verified Amended Joinder Complaint (ECF No. 13) be dismissed without prejudice
and that Plaintiffs be granted leave to amend this Complaint to conform with the requirements of
Federal Rules of Civil Procedure 8(a)(2), 8(d)(1), and 10(b) as described in the Magistrate
Judge’s Report and Recommendation. It was further recommended that Plaintiffs be given 20
days from the date of an order adopting the Report and Recommendation to file a Second
Amended Complaint in compliance with the requirements of Rules 8(a)(2), 8(d)(1), and 10(b),
should they wish to proceed with this civil action. Service was made on all counsel of record
and the pro se Plaintiffs. The parties were informed that in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local Rule of Court 72.D.2, they had fourteen
(14) days from the date of service to file objections to the Report and Recommendation. No
objections were filed.
After review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
AND NOW, this 2nd day of December, 2016, it is hereby ORDERED that Plaintiffs’
Verified Amended Joinder Complaint (ECF No. 13) IS DISMISSED WITHOUT
PREJUDICE and that Plaintiffs are granted leave to amend this Complaint to conform with the
requirements of Federal Rules of Civil Procedure 8(a)(2), 8(d)(1), and 10(b) as described in the
Magistrate Judge’s Report and Recommendation.
IT IS FURTHER ORDERED that Plaintiffs shall file a Second Amended Complaint in
compliance with the requirements of Rules 8(a)(2), 8(d)(1), and 10(b) ON OR BEFORE
DECEMBER 23, 2016 SHOULD THEY WISH TO PROCEED WITH THIS CIVIL

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ACTION. If Plaintiffs fail to file a Second Amended Complaint by this date, the Court will,
without further notice, DISMISS THE VERIFIED AMENDED JOINDER COMPLAINT
(ECF NO. 13) WITH PREJUDICE.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 23) of
Magistrate Judge Lenihan, dated November 8, 2016, is adopted as the Opinion of the Court.

s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge
cc:

Dwayne Thompson
1013 Coal Street
Pittsburgh, PA 15221
(Via First Class Mail)
Pamela Mcdeavitt
104 Dorf Avenue
Pittsburgh, PA 15209
(Via First Class Mail)
Caroline Liebenguth, Esquire
Dennis J. Roman, Esquire
Charlene S. Seibert, Esquire
Timothy R. Stienstraw, Esquire
Adam S. Auchey, Esquire
Ashley N. Rodgers, Esquire
Anthony G. Sanchez, Esquire
(Via CM/ECF Electronic Mail)

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