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Bines v. Williams, 17-4527. (2018)

Court: District Court, E.D. Pennsylvania Number: infdco20180828e96 Visitors: 14
Filed: Aug. 27, 2018
Latest Update: Aug. 27, 2018
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW , this 24th day of August, 2018, upon consideration of Defendant Jewell Williams Motion to Dismiss Plaintiff's Amended Complaint (Document No. 18, filed March 12, 2018), Motion of Defendant Paris Washington to Dismiss the Amended Complaint of Plaintiff Vanessa Bines (Document No. 20, filed March 12, 2018), Defendant City of Philadelphia' Joinder in the Motions of Co-Defendants Williams and Washington to Dismiss Plaintiff's First Amended Compla
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ORDER

AND NOW, this 24th day of August, 2018, upon consideration of Defendant Jewell Williams Motion to Dismiss Plaintiff's Amended Complaint (Document No. 18, filed March 12, 2018), Motion of Defendant Paris Washington to Dismiss the Amended Complaint of Plaintiff Vanessa Bines (Document No. 20, filed March 12, 2018), Defendant City of Philadelphia' Joinder in the Motions of Co-Defendants Williams and Washington to Dismiss Plaintiff's First Amended Complaint (Document No. 21, filed March 13, 2018), Plaintiff Vanessa Bines's Oppoition [sic] to Defendant Sheriff Jewell Willaims' [sic] Motion to Dismiss Plaintiff's Amended Complaint (Document No. 22, filed April 9, 2018), Plaintiff Vanessa Bine's [sic] Opposition to Defendant Paris Washington's Motion to Dismiss Plaintiff's Amended Complaint (Document No. 23, filed April 9, 2018), Reply Memorandum in Support of the Motion of Defendant Paris Washington to Dismiss the Amended Complaint of Plaintiff Vanessa Bines (Document No. 24, filed April 19, 2018), and Defendant Jewell Williams' Reply in Further Support of His Motion to Dismiss Plaintiff's Amended Complaint (Document No. 25, filed April 19, 2018), for the reasons stated in the accompanying Memorandum dated August 24, 2018, IT IS ORDERED as follows:

1. That part of Defendant Jewell Williams Motion to Dismiss Plaintiff's Amended Complaint seeking to strike plaintiff's demand for punitive damages in Counts 4, 5, and 6 of the Amended Complaint is GRANTED by agreement of the parties and plaintiff's demand for punitive damages in Counts 4, 5, and 6 of the Amended Complaint is STRICKEN;

2. Defendant Jewell Williams Motion to Dismiss Plaintiff's Amended Complaint is DENIED in all other respects;

3. That part of the Motion of Defendant Paris Washington to Dismiss the Amended Complaint seeking dismissal of Count 1 of the Amended Complaint is GRANTED and that claim is DISMISSED WITHOUT PREJUDICE with respect to Washington; and,

4. That part of Motion of Defendant Paris Washington to Dismiss the Amended Complaint seeking to strike plaintiff's demand for punitive damages in Counts 4, 5, and 6 of the Amended Complaint is GRANTED by agreement of the parties and plaintiff's demand for punitive damages in Counts 4, 5, and 6 of the Amended Complaint is STRICKEN; and,

5. The Motion of Defendant Paris Washington to Dismiss the Amended Complaint of Plaintiff Vanessa Bines is DENIED in all other respects.

IT IS FURTHER ORDERED that plaintiff is granted leave to file a second amended complaint with respect to the claims in Count 1 of the Amended Complaint in accordance with paragraph (3) above, if warranted by the facts and applicable law, within twenty (20) days.

IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled in due course.

Source:  Leagle

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