KITT v. THE CITY OF PITTSBURGH et al
| ROBYN M. KITT |
| THE CITY OF PITTSBURGH, THE CITY OF PITTSBURGH DEPARTMENT OF PUBLIC SAFETY BUREAU OF POLICE, FORMER CHIEF NATHAN E. HARPER, MICHAEL HUSS, ACTING CHIEF REGINA MCDONALD, ALISA L. DUNCAN, ANTONIO CIUMMO, LEONARD DUNCAN, FIRST NATIONAL BANK, KELLY MARSHALL and EMILY GLOVA |
| 2:2015cv00225 |
| February 18, 2015 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Nora Barry Fischer |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
80
MEMORANDUM OPINION indicating that, for reasons more fully stated within, Defendants' Motion to Dismiss the Second Amended Complaint 70 is granted in part and denied in part; that Plaintiff's claims in her own right, as set forth in the S econd Amended Complaint against the City, and Defendants Harper and Huss, as well as the official capacity claims against the remaining Defendants, are barred by the Release. Accordingly, those claims will be dismissed with prejudice. The minor Pla intiff's claims in Counts VI and VII, and Plaintiffs claim in Count IV, will likewise be dismissed for failure to state a claim, despite two amendments. Accordingly, remaining extant at this time are Plaintiff's individual capacity claims, other than the equal protection claim in Count IV, against Defendants Regina McDonald, Antonio Ciummo, Alisa Duncan, and Leonard Duncan, as well as the minor Plaintiffs claims set forth in Counts VIII through X. Appropriate Order to follow. Signed by Judge Nora Barry Fischer on 2/18/16. (jg)
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Filing
72
ORDER denying 43 Motion for Discovery; denying 43 Motion for Hearing; denying 43 Motion to Disqualify; and denying 58 MOTION to Strike City Defendants' Sur Reply to Plaintiff's Motion to Permit Discovery, Schedule a Hearing and Dis qualify the City of Pittsburgh Department of Law filed by ROBYN M. KITT, and giving notice as to 70 Motion to Dismiss that the Court shall treat it as a Motion under Rule 56 as more fully specified in the Order. Signed by Judge Nora Barry Fischer on 12/29/2015. (msp)
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Filing
49
MEMORANDUM ORDER indcating that, for reasons stated more fully within, Plaintiffs' request for leave to file a Second Amended Complaint is granted; said Second Amended Complaint shall be filed on or before 8/17/15; that City Defendants' Mo tion to Dismiss Plaintiffs Amended Complaint 33 is denied without prejudice, given the Court's grant of leave to amend; that consistent with the Court's Order at Docket No. 46 , that no answer or responsive motion shall be filed until the Court disposes of Plaintiffs Motion at Docket No. 43 . (jg)
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