ROTH v. CITY OF HERMITAGE et al
| LORI ROTH |
| CITY OF HERMITAGE, BRIAN E. BLAIR, ERIC JEWELL, ADAM PICCIRILLO, TODD SAYLOR, JOHN MILLER, DANIEL K. YOUNG, PHILLIP SCIARETTA, CHAD NYCH, CHRISTOPHER MORSE and J. BRADLEY MCGONIGLE |
| 2:2016cv00410 |
| April 7, 2016 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Mercer |
| Cathy Bissoon |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| Plaintiff |
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Filing
29
MEMORANDUM ORDER. For the reasons stated in the Memorandum Order filed herewith, the Court hereby GRANTS Defendants' Motions to Dismiss the Amended Complaint (Docs. 16 & 20 ). Consistent with the foregoing, Counts I and II of the Amended Com plaint (Doc. 10 ) are hereby DISMISSED WITHOUT PREJUDICE. Plaintiff's official capacity claims against the individual City Defendants are hereby DISMISSED WITH PREJUDICE. Because, as noted in the Memorandum Order, the resolution of this case must await resolution of Plaintiff's pending wrongful death action in state court, the Court finds that a stay of this litigation is appropriate. As such, this case is hereby STAYED pending the resolution of Plaintiff's state court wrongfu l death lawsuit. For the duration of the stay, this case is and shall remain ADMINISTRATIVELY CLOSED. Administrative closings comprise a familiar way in which courts remove cases from their active files without final adjudication, and it does not p rejudice the rights of the parties in any manner. Following the resolution of Plaintiff's pending state court lawsuit, any party may, upon petition or by motion, request that this action be restored to the Court's active calendar. Should the case be reopened, and if appropriate, Plaintiff shall have 14 days from the date the case is reopened to file a Second Amended Complaint. Plaintiff should be aware, however, that absent unforeseen and extraordinary circumstances, no further amendments will be permitted. Signed by Judge Cathy Bissoon on 10/19/2016. (kg)
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