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BRITLAND v. ACS

United States District Court, E.D. Pennsylvania


July 15, 2004.

JEFFREY BRITLAND and KAREN BRANDAU, Plaintiffs,
v.
ACS, INC. and COUNTY OF NORTHAMPTON, Defendants.

The opinion of the court was delivered by: JAMES KNOLL GARDNER, District Judge

ORDER

NOW, this 15th day of July 2004, upon consideration of Defendant, ACS, Inc.'s Motion to Dismiss Plaintiff, Jeffrey Britland's, Complaint, which motion was filed on October 22, 2003; Plaintiff, Jeffrey Britland's Brief in Opposition to Motion to Dismiss by Defendant, ACS, Inc., which brief was filed on November 7, 2003; and Defendant, ACS, Inc.'s ("ACS"), Reply Brief to Plaintiff, Jeffrey Britland's, Brief in Opposition to the Motion to Dismiss of ACS, which reply brief was filed on November 24, 2003; it appearing that plaintiffs filed a five-count Complaint by Jeffrey Britland Only*fn1 against defendants in the Court of Common Pleas of Northampton County, Pennsylvania on September 15, 2003; it further appearing that defendant ACS, Inc. ("ACS") was named as a defendant in Counts I, II and III only, alleging violations of 43 P.S. § 1421 and 42 U.S.C. § 1983, as well as wrongful termination; it further appearing that, accepting all well-pleaded facts of that complaint as true and viewing them in the light most favorable to plaintiff Jeffrey Britland, plaintiff has successfully pleaded causes of action against defendant ACS for violations of 43 P.S. § 1421 and 42 U.S.C. § 1983, as well as wrongful termination,

IT IS ORDERED that defendant's motion is denied without prejudice to raise these issues on summary judgment.*fn2 [EDITORS' NOTE: THIS PAGE CONTAINED FOOTNOTES.] IT IS FURTHER ORDERED that defendant ACS, Inc. shall file an answer to plaintiffs' complaint within ten days of the date of this Order.


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