Monroe Grocery, Inc. v. U.S., 3:17-922. (2019)
Court: District Court, M.D. Pennsylvania
Number: infdco20190221g36
Visitors: 2
Filed: Feb. 20, 2019
Latest Update: Feb. 20, 2019
Summary: ORDER MALACHY E. MANNION , District Judge . In accordance with the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) Judge Schwab's Report (Doc. 40) is ADOPTED IN ITS ENTIRETY; (2) The Government's objections (Doc. 43) are OVERRULED; (3) The Government's motion to dismiss (Doc. 18) is GRANTED IN PART and DENIED IN PART; a. The Government's motion to dismiss plaintiffs' claims seeking damages against defendants, in their official capacities is GRANTE
Summary: ORDER MALACHY E. MANNION , District Judge . In accordance with the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) Judge Schwab's Report (Doc. 40) is ADOPTED IN ITS ENTIRETY; (2) The Government's objections (Doc. 43) are OVERRULED; (3) The Government's motion to dismiss (Doc. 18) is GRANTED IN PART and DENIED IN PART; a. The Government's motion to dismiss plaintiffs' claims seeking damages against defendants, in their official capacities is GRANTED..
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ORDER
MALACHY E. MANNION, District Judge.
In accordance with the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) Judge Schwab's Report (Doc. 40) is ADOPTED IN ITS ENTIRETY;
(2) The Government's objections (Doc. 43) are OVERRULED;
(3) The Government's motion to dismiss (Doc. 18) is GRANTED IN PART and DENIED IN PART;
a. The Government's motion to dismiss plaintiffs' claims seeking damages against defendants, in their official capacities is GRANTED, and such claims are DISMISSED WITH PREJUDICE;
b. The Government's motion to dismiss plaintiffs' equal protection claims is DENIED.
c. The Government's motion to dismiss plaintiffs' substantive due process claim is GRANTED, and such claims are DISMISSED WITHOUT PREJUDICE; however, plaintiffs are GRANTED leave to file a second amended complaint by March 6, 2019.
(4) This matter is REMANDED to Judge Schwab for further proceedings.
Source: Leagle
