Martini et al v. Pittsfield, City of et al
| Rosaleen M. Martini and Chris J. Martini |
| Pittsfield, City of, Bruce Collingwood, James McGrath and Daniel L. Bianchi |
| 3:2014cv30152 |
| August 18, 2014 |
| US District Court for the District of Massachusetts |
| Springfield Office |
| Berkshire |
| Mark G. Mastroianni |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Both |
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Filing
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Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. For the reasons, the court ALLOWS Defts' motion to dismiss - 13 as to that portion of Count I which asserts claims against Collingwood, McGrath, and Bianchi, Count III; those portions of Count IV which assert negligent trespass claims against Collingwood, McGrath and Bianchi, as well as an intentional trespass claim against the City, Count V, and those portions of Count VI which assert state takings claims as well as state and fed eral due process claims. The Court also ALLOWS Defts' motion but dismisses, WITHOUT PREJUDICE that portion of Count I which asserts a claim against the City, that portion of Count II which asserts a cliam against Bianchi; those portions of Count IV which assert intentional trespass claims against Collingwood, McGrath, and Bianchi, as well as negligent trespass claim against the City; and those portions of Count VI which assert federal takings claims against Bianchi and the City. The court, however, DENIES Defts' motionas to that portion of Count II which asserts claims against Collingwood, McGrath and the City, and that portion of VI which asserts federal takings claims against Collingwood and McGrath. Pltfs' are granted leave to file, within thirty (30) days, an amended complaint reasserting those claims which the court has dismissed without prejudice in order to correct the deficiencies identified herein. (Finn, Mary)
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