RETZLER v. MCCAULEY et al
| 2:2019cv01800 |
| May 6, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
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Filing
15
ORDER THAT ALL CLAIMS AGAINST DEFENDANTS CRAIG BOWEN, AMBER LONGITANO, PATRICK ANTONELLO, CYNTHINA MURPHY, JOSEPH GLASSON, HOWARD ALLEN, JEFFREY TRAUGER, DENNIS EUSTACE, CHERYL EUSTACE, WAYNE DUKE, ELIZABETH DUKE, KENNETH MEEHAN, MICHAEL LITZ, CAROL LITZ, THEODORE SHIRE, HOWARD MCGOLDRICK, GEORGE SHETZLINE, HELEN KUSTOWSKI, JOSEPH TILLO, DEBORAH TILLO, ROB'S TOWING & HAULING, ROBERT A. LEIPZIGER AND TINA DAVIS ARE DISMISSED WITH PREJUDICE PURSUANT TO 28 USC 1915(e)(2)(B)(ii). ALL CLAIMS AGA INST DEFENDANT BRISTOL TOWNSHIP SEWER DEPARTMENT ARE DISMISSED WITH PREJUDICE. ALL CLAIMS AGAINST DEFENDANTS ADAM D. FLAGER, EDWARD J. ZANIE, RANDELL C. FLAGER, SHERRY FLAGER AND MICHAEL S. LEVIN ARE DISMISSED WITH PREJUDICE. ALL STATE LAW CLAIMS AGA INST ADAM D. FLAGER, EDWARD J. ZANIE, RANDELL C. FLAGER, SHERRY FLAGER AND MICHAEL S. LEVIN ARE DISMISSED WITHOUT PREJUDICE, ETC. ALL CLAIMS AGAINST DEFENDANT FRANCIS X. PHILLIPS AND ALL CLAIMS CONCERNING THE IMPROPER CREDITING OF RETZLER'S AND WARDEN'S SEWER BILL PAYMENTS ARE SEVERED. THE CLERK OF COURT IS DIRECTED TO OPEN A NEW CIVIL ACTION USING A COPY OF THIS ORDER AND A COPY OF THE 2ND AMENDED COMPLAINT FILED IN THIS ACTION NAMING WESTLEY RETZLER AND LAURA WARDEN AS PLAINTIFFS AND NAMING FRANCIS X PHILLIPS AS THE DEFENDANT, ETC. RETZLER AND WARDEN ARE GRANTED LEAVE TO FILE AN AMENDED COMPLAINT IN THE NEWLY OPENED MATTER WITHIN 30 DAYS, ETC. THE CLERK OF COURT SHALL ISSUE SUMMONSES. SERVICE OF THE SUMMONSES AND THE COMPLAINT S HALL BE MADE BY THE U.S. MARSHALS SERVICE UPON ONLY THE FOLOWING DEFEDNANTS AS NUMBERED IN THE CAPTION OF THE SECOND AMENDED COMPLAINT AS OUTLINED HEREIN.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 10/17/2019. 10/18/2019 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(nd, )
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Filing
8
MEMORANDUM AND ORDER THAT, WITH THE EXCEPTION OF CLAIMS AGAINST DEFENDANTS BLALOCK AUTO AND RAYMOND BLALOCK, THE AMENDED COMPLAINTS ARE DISMISSED WITHOUT PREJUDICE PURSUANT TO 28 USC:1915(E)(2)(B)(ii) FOR FAILURE TO COMPLY WITH FEDERAL RULE OF CIVIL PROCEDURE 8. RETZLER AND WARDEN ARE GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER FOLLOWING THE GUIDELINES SET FORTH IN THE COURT'S ACCOMPANYING MEMORANDUM. IF THEY FAIL TO FOLLOW THE COURT� 39;S GUIDELINES, ANY FURTHER DISMISSAL OF ANY CLAIM OR DISMISSAL OF ANY DEFENDANT FOR FAILURE TO COMPLY WITH RULE 8, MAY BE WITH PREJUDICE. IF RETZLER AND WARDEN FAIL TO FILE A SECOND AMENDED COMPLAINT, THESE ACTIONS WILL PROCEED AGAINST DEFENDANTS BLALOCK AUTO AND RAYMOND BLALOCK ONLY. THE CLERK OF COURT IS DIRECTED TO DEFER SERVICE PENDING FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE BERLE M. SCHILLER ON 6/17/19. 6/17/19 ENTERED AND COPY MAILED TO RETZLER. (fdc)
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Filing
5
MEMORANDUM AND ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 USC SEC. 1915. THE COMPLAINTS ARE DEEMED FILED. WITH THE EXCEPTION OF CLAIMS AGAINST DEFENDANTS BLALOCK AUTO AND RAYMOND BLALOCK, THE COMPLAINTS ARE DISMISSED PURS UANT TO 28 USC SEC. 1915(e)(2)(B)(ii) AS FOLLOWS: THE COMPLAINTS ARE DISMISSED WITH PREJUDICE AS TO DEFENDANT BRISTOL TOWNSHIP SEWER DEPARTMENT. THE COMPLAINTS ARE DISMISSED WITHOUT PREJUDICE AS TO ALL OTHER DEFENDANTS. RETZLER AND WARDEN ARE GRANTED LEAVE TO FILE A JOINT AMENDED COMPLAINT (OR INDIVIDUAL AMENDED COMPLAINTS) WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF THEY FAIL TO FILE AN AMENDED COMPLAINT, THESE ACTIONS WILL PROCEED AGAINST DEFENDANTS BLALOCK AUTO AND RAYMOND BLALOCK O NLY. THE CLERK OF COURT IS DIRECTED TO DEFER SERVICE OF THE COMPLAINTS PENDING FURTHER ORDER OF THE COURT. IF RETZLER AND WARDEN FAIL TO FILE AN AMENDED COMPLAINT (OR INDIVIDUAL AMENDED COMPLAINTS), THE COURT WILL DIRECT SERVICE ON DEFENDANTS BLALOCK AUTO AND RAYMOND BLALOCK ONLY. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/6/19. 5/7/19 ENTERED AND COPY MAILED TO RETZLER. (fdc)
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