MALDONADO et al v. CITY OF PHILADELPHIA DEPARTMENT OF HUMAN SERVICES et al

Plaintiff: KAREN MALDONADO and ANIBAL MALDONADO
Defendant: CITY OF PHILADELPHIA DEPARTMENT OF HUMAN SERVICES, JESSICA SHAPIRO, JAVIER AGUERO, ROYA PALLER, MOTION N' DANCE, THOMAS MARCUCCI, STACIANN MARCUCCI, JESSICA GIBSON and CHRISTOPHER HERRMAN
Case Number: 2:2018cv01492
Filed: April 10, 2018
Court: US District Court for the Eastern District of Pennsylvania
Office: Philadelphia Office
County: Philadelphia
Presiding Judge: JUAN R. SANCHEZ
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
January 18, 2019 Opinion or Order Filing 50 ORDER THAT THE MOTIONS (DOCUMENTS 32 , 34 , 35 , 36 ) ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTIONS ARE GRANTED AS TO COUNT I INSOFAR AS MRS. MALDONADOS § 1983 SUBSTANTIVE DUE PROCESS CLAIM AGAINST PALLER IN HER OFFICIAL CAP ACITY IS DISMISSED WITH PREJUDICE. THE MOTIONS ARE DENIED AS TO MRS. MALDONADOS § 1983 SUBSTANTIVE DUE PROCESS CLAIM AGAINST PALLER IN HER INDIVIDUAL CAPACITY. THE MOTIONS ARE GRANTED AS TO COUNT II INSOFAR AS MRS. MALDONADOS CIVIL CONSPIRACY CL AIM PURSUANT TO § 1983 IS DISMISSED WITH PREJUDICE AS TO MOTION N DANCE AND DENIED AS TO THE REMAINING DEFENDANTS. THE MOTIONS ARE GRANTED AS TO COUNT III INSOFAR AS MRS. MALDONADOS § 1983 SUBSTANTIVE DUE PROCESS CLAIMS AGAINST SHAPIRO AND AGUERO IN THEIR OFFICIAL CAPACITIES ARE DISMISSED WITH PREJUDICE. THE MOTIONS ARE DENIED AS TO MRS. MALDONADOS § 1983 SUBSTANTIVE DUE PROCESS CLAIMS AGAINST SHAPIRO AND AGUERO IN THEIR INDIVIDUAL CAPACITIES. THE MOTIONS ARE DENIED AS TO COUNT IV . THE MOTIONS ARE GRANTED AS TO COUNT V INSOFAR AS THE INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM IS DISMISSED WITH PREJUDICE AS TO THE CITY AND MOTION N DANCE AND DISMISSED WITHOUT PREJUDICE AS TO THE REMAINING DEFENDANTS. THE MOTIONS ARE DE NIED AS TO COUNT VI. THE MOTIONS ARE DENIED AS TO COUNT VII. THE MOTIONS ARE GRANTED AS TO COUNT VIII INSOFAR AS THE CIVIL CONSPIRACY CLAIM IS DISMISSED WITH PREJUDICE AS TO MOTION N DANCE AND DISMISSED WITHOUT PREJUDICE AS TO THE REMAINING DEFENDANT S. THE MOTIONS ARE GRANTED AS TO COUNT IX INSOFAR AS THE LOSS OF CONSORTIUM CLAIM IS DISMISSED WITH PREJUDICE AS TO THE CITY AND MOTION N DANCE AND DISMISSED WITHOUT PREJUDICE AS TO THE REMAINING DEFENDANTS. IT IS FURTHER ORDERED DEFENDANTS MOTION N DANCE, THOMAS MARCUCCI, STACIANN MARCUCCI, AND JESSICA GIBSONS MOTION TO STRIKE (DOCUMENT 34) IS DENIED. PLAINTIFFS SHALL HAVE UNTIL FEBRUARY 1, 2019, TO FILE A SECOND AMENDED COMPLAINT THAT CORRECTS THE PLEADING DEFICIENCIES IDENTIFIED IN THE ACCOMP ANYING MEMORANDUM AS TO ANY CLAIMS DISMISSED WITHOUT PREJUDICE. FAILURE TO FILE A SECOND AMENDED COMPLAINT WITHIN THE TIME PERMITTED MAY RESULT IN DISMISSAL OF SUCH CLAIMS WITH PREJUDICE. BECAUSE THE EXHIBITS TO THE AMENDED COMPLAINT WERE FILED UNDER SEAL, THE MEMORANDUM IN THE ABOVE-CAPTIONED CASE HAS BEEN TEMPORARILY FILED UNDER SEAL. THE PARTIES ARE DIRECTED TO PROVIDE THE COURT WITH ANY PROPOSED REDACTIONS TO THE MEMORANDUM, TOGETHER WITH THE REASON FOR EACH REDACTION, ON OR BEFORE FEBRUARY 1, 2019. THE COURT WILL THEN DETERMINE WHETHER TO ACCEPT THE PROPOSED REDACTIONS AND WILL UNSEAL THE MEMORANDUM IN AN APPROPRIATE FORM. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 1/18/19. 1/18/19 ENTERED AND COPIES E-MAILED. (va, )

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Search for this case: MALDONADO et al v. CITY OF PHILADELPHIA DEPARTMENT OF HUMAN SERVICES et al
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Plaintiff: KAREN MALDONADO
Represented By: BRIAN MCCARTHY
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Plaintiff: ANIBAL MALDONADO
Represented By: BRIAN MCCARTHY
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Defendant: CITY OF PHILADELPHIA DEPARTMENT OF HUMAN SERVICES
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Defendant: JESSICA SHAPIRO
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Defendant: JAVIER AGUERO
Represented By: THOMAS NARDI
Represented By: JEFFREY M. SCOTT
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Defendant: ROYA PALLER
Represented By: THOMAS NARDI
Represented By: JEFFREY M. SCOTT
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Defendant: MOTION N' DANCE
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Defendant: THOMAS MARCUCCI
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Defendant: STACIANN MARCUCCI
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Defendant: JESSICA GIBSON
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Defendant: CHRISTOPHER HERRMAN
Represented By: EILEEN T. BURNS
Represented By: THOMAS D. KENNY
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