Filed: Apr. 19, 2019
Latest Update: Apr. 19, 2019
Summary: AMENDED ORDER JOSEPH F. LEESON, JR. , District Judge . AND NOW , this 13th day of February, 2019, for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT : 1. The City Defendants' Motion to Dismiss, 1 ECF No. 5, is GRANTED in part . 2. The Pension Board Defendants' Motion to Dismiss, 2 ECF No. 6, is GRANTED in part . 3. The Pension Board Defendants' Supplemental Motion to Dismiss, ECF No. 28, is GRANTED in part . 4. The City Defendants' Motion for Summary Ju
Summary: AMENDED ORDER JOSEPH F. LEESON, JR. , District Judge . AND NOW , this 13th day of February, 2019, for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT : 1. The City Defendants' Motion to Dismiss, 1 ECF No. 5, is GRANTED in part . 2. The Pension Board Defendants' Motion to Dismiss, 2 ECF No. 6, is GRANTED in part . 3. The Pension Board Defendants' Supplemental Motion to Dismiss, ECF No. 28, is GRANTED in part . 4. The City Defendants' Motion for Summary Jud..
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AMENDED ORDER
JOSEPH F. LEESON, JR., District Judge.
AND NOW, this 13th day of February, 2019, for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT:
1. The City Defendants' Motion to Dismiss,1 ECF No. 5, is GRANTED in part.
2. The Pension Board Defendants' Motion to Dismiss,2 ECF No. 6, is GRANTED in part.
3. The Pension Board Defendants' Supplemental Motion to Dismiss, ECF No. 28, is GRANTED in part.
4. The City Defendants' Motion for Summary Judgment, ECF No. 50, is GRANTED in part.
5. Bonilla's Motion for Partial Summary Judgment, ECF No. 51, is DENIED.
6. Judgment is entered in favor of the City on the second Count IX, see Compl. ¶¶ 152-160.
7. The Complaint is DISMISSED.
A. The following counts are dismissed, in their entirety, without prejudice: Counts I, II, III, IV, V, and Count XII.
B. The requests for monetary damages in Counts VI, VII, and the first Count IX, see Compl. ¶¶ 137-142, are dismissed with prejudice; otherwise these counts are dismissed without prejudice.
C. The following counts are dismissed, in their entirety, with prejudice: Counts VIII, X, and XI.
D. The following count is dismissed with prejudice as to the Pension Board:3 the second Count IX, see Compl. ¶¶ 152-160.
8. The City Defendants' Motions in Limine, ECF Nos. 53-54, are DISMISSED as moot.
9. The case is CLOSED.
10. The case may be reopened by the filing of an amended complaint, consistent with the Opinion, within thirty days of the completion of the pension proceedings and any related appellate review.
