TOMINO v. CITY OF BETHLEHEM et al
| WILLIAM TOMINO |
| CITY OF BETHLEHEM, JOHN R. LEZOCHE and JOHN DOES 1-100 |
| 5:2008cv06018 |
| December 30, 2008 |
| US District Court for the Eastern District of Pennsylvania |
| Civil Rights: Other Office |
| Northampton |
| JAMES KNOLL GARDNER |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
44
OPINION/ORDER THAT DEFENDANTS CITY OF BETHLEHEM AND JOHN R. LEZOCHES'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT CITY OF BETHLEHEM AND AGAINST PLAINTIFF WILLIAM TOMINO; AND THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/7/12. 2/8/12 ENTERED AND COPIES E-MAILED. (ky, )
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Filing
16
ORDER THAT DEFENDANTS, CITY OF BETHLEHEM AND JOHN R. LEZOCHE'S PARTIAL MOTION TO DISMISS PLAINTIFF'S COMPLAINT IS GRANTED IN PART AND DENIED IN PART. IT IS ORDERED THAT THE MOTION IS GRANTED TO THE EXTENT IT SEEKS DISMISSAL OF COUNTS I-IV AGAINST DEFENDANT JOHN LEZOCHE; DISMISSAL OF THE DUE PROCESS CLAIM AGAINST DEFENDANT CITY OF BETHLEHEM ("THE CITY") SET FORTH IN COUNT I; AND DISMISSAL OF COUNTS II AND III AGAINST THE CITY. IT IS FURTHER ORDERED THAT COUNTS I-IV OF PLAINTI FF'S COMPLAINT ARE DISMISSED AGAINST DEFENDANT LEZOCHE, WITHOUT PREJUDICE FOR PLAINTIFF TO RE-PLEAD THOSE CLAIMS IN ACCORDANCE WITH THE ACCOMPANYING OPINION. IT IS FURTHER ORDERED THAT COUNT I IS DISMISSED AGAINST DEFENDANT CITY OF BETHLEHEM TO THE EXTENT IT ALLEGES A DUE PROCESS CLAIM UNDER THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION, AND COUNTS II AND III ARE DISMISSED AGAINST THE CITY OF BETHLEHEM IN THEIR ENTIRETY, ALL WITHOUT PREJUDICE FOR PLAINTIFF TO RE-PLEAD THOSE CLA IMS IN ACCORDANCE WITH THE ACCOMPANYING OPINION. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL ON OR BEFORE APRIL 20, 2010 TO FILE AN AMENDED COMPLAINT IN ACCORDANCE WITH THIS ORDER. IT IS FURTHER ORDERED THAT, IN THE EVENT PLAINTIFF DOES NOT FILE AN AMENDED COMPLAINT, DEFENDANT CITY OF BETHLEHEM SHALL HAVE UNTIL ON OR BEFORE MAY 3, 2010 TO ANSWER THE REMAINING CLAIMS. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/31/10. 4/1/10 ENTERED AND COPIES E-MAILED.(er, )
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