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Harrison v. Ammons

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 24, 2007

MARK D. HARRISON, PLAINTIFF
v.
GREGORY J. AMMONS, WARREN S. CORNELIUS, CAMP HILL BOROUGH, AND UNKNOWN INSURANCE COMPANY, DEFENDANTS

The opinion of the court was delivered by: Chief Judge Kane

ORDER

Before the Court is Defendants' motion to dismiss Count III of Plaintiff's complaint.

(Doc. No. 14.) In Count III, Plaintiff advances claims of "gross negligence" against Defendants Camp Hill Borough, a Pennsylvania municipality, and its Chief of Police during the relevant time period, Gregory J. Ammons.*fn1 (Compl. ¶¶ 39-45.) In the motion to dismiss, Defendants contend that these claims are barred by the Pennsylvania Political Subdivision Tort Claims Act ("PSTCA"), codified at 42 Pa. Cons. Stat. § 8501, et seq. (Doc. No. 14, ¶ 3.)

Defendants filed their motion to dismiss and brief in support thereof on May 16, 2007.

When the briefing period expired without any brief in opposition filed by Plaintiff, the Court issued an order directing Plaintiff to show cause no later than June 13, 2007, why the motion should not be granted as unopposed. (Doc. No. 16); see also Local Rule 7.6. To date, no brief in opposition has been filed.

Accordingly, this 24th day of July, 2007, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss Count III of Plaintiff's complaint (Doc. No. 14) is GRANTED as unopposed.*fn2

Yvette Kane, Chief Judge United States District Court


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